Portlance v. Golden Valley State Bank

405 N.W.2d 240, 2 I.E.R. Cas. (BNA) 475, 1987 Minn. LEXIS 760, 107 Lab. Cas. (CCH) 55,784
CourtSupreme Court of Minnesota
DecidedMay 8, 1987
DocketCX-86-1315
StatusPublished
Cited by20 cases

This text of 405 N.W.2d 240 (Portlance v. Golden Valley State Bank) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Portlance v. Golden Valley State Bank, 405 N.W.2d 240, 2 I.E.R. Cas. (BNA) 475, 1987 Minn. LEXIS 760, 107 Lab. Cas. (CCH) 55,784 (Mich. 1987).

Opinion

COYNE, Justice.

Golden Valley State Bank appeals from the order denying its motion for summary judgment and certifying the following question as important and doubtful:

Does the two-year limitations period of Minn.Stat. 541.07(5) or the six-year limitations period of Minn.Stat. 541.05, subd. 1(1) govern in a Pine River wrongful discharge case?

On March 26, 1981, Jack Portlance, an assistant vice president and loan officer, was summarily discharged after almost 10 years of service with the bank. Almost three years later, on or about February 10, 1984, Portlance instituted this action alleging breach of his employment contract as modified by certain terms and conditions set out in an employee manual dated January 1, 1980. His claim, based on Pine River State Bank v. Mettille, 333 N.W.2d 622 (Minn.1983), is that the bank breached the employment contract contained in the employee handbook by discharging him without proper cause and without giving him an opportunity to improve his performance.

The bank moved for summary judgment pursuant to Rule 56.02 of the Minnesota Rules of Civil Procedure, contending that the action is barred by the two-year statute of limitations of Minn.Stat. § 541.07(5) (1986). 1 The district court denied the motion but certified the question of the applicable limitation period as important and doubtful.

Minn.Stat. § 541.05, subd. 1 (1986), the general statute of limitations applicable to contract actions, provides in pertinent part as follows:

Except where the uniform commercial code otherwise prescribes, the following actions shall be commenced within six years:

(1) Upon a contract or other obligation, express or implied, as to which no other limitation is expressly prescribed; Minn.Stat. § 541.07(5) (1986), however, sets a two-year limitation applicable only to wages and related damages:

Except where the uniform commercial code or this section otherwise prescribes, the following actions shall be commenced within two years:
******
*242 (5) For the recovery of wages or overtime or damages, fees or penalties accruing under any federal or state law respecting the payment of wages or overtime or damages, fees or penalties except, that if the employer fails to submit payroll records by a specified date upon request of the department of labor and industry or if the nonpayment is willful and not the result of mistake or inadvertence, the limitation is three years. (The term “wages” means all remuneration for services or employment, including commissions and bonuses and the cash value of all remuneration in any medium other than cash, where the relationship of master and servant exists and the term “damages,” means single, double, or treble damages, accorded by any statutory cause of action whatsoever and whether or not the relationship of master and servant exists);

Early federal court decisions in cases arising under the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 201 et seq., suggested that the scope of section 541.07(5) might be confined to statutory wage claims. Peterson v. Parsons, 73 F.Supp. 840, 843 (D.Minn.1947); Smith v. Cudahy Packing Co., 73 F.Supp. 141, 143 (D.Minn.1947). Subsequent to its 1953 amendment, however, this court afforded section 541.07(5) considerably broader application. Declaring that it could discern no rational basis for treating common law wage claims differently from those arising under statute, this court, in Kohout v. Shakopee Foundry Co., 281 Minn. 401, 162 N.W.2d 237 (1968) (an action to recover vacation pay under a collective bargaining agreement), held that both are governed by the two-year limitation prescribed by Minn.Stat. § 541.07(5).

In Roaderick v. Lull Engineering Company, Inc., 296 Minn. 385, 387-88, 208 N.W.2d 761, 763 (1973), an action based on quantum meruit for the recovery of the reasonable value of services performed under an unenforceable oral contract, the portion of the claim which had accrued more than two years before the commencement of the action was held barred by the limitation prescribed by section 541.07(5).

Then in Worwa v. Solz Enterprises, Inc., 307 Minn. 490, 238 N.W.2d 628 (1976), this court once again ruled that an action for breach of an oral contract of employment was essentially an action for wages and was subject to the two-year limitation period set by section 541.07(5).

Respondent Portlance contends, however, that this unbroken line of cases recognizes a statute limiting only those actions based on an employer’s failure to pay wages due and owing. Apart from the absence of any statutory requirement that the wage claim must be for uncompensated services previously rendered, the contention ignores the factual setting of the Wor-wa decision. There, after paying a portion of the annual salary allegedly agreed upon, the defendant refused plaintiff’s services. That the contract was for a definite period rather than one of indefinite duration does not alter the practical effect of the refusal to accept plaintiff's services: it terminated plaintiff’s employment. Nevertheless, although the plaintiff’s employment had been terminated and his services refused, his action was for wages and was governed by the two-year statute of limitations. Id., 307 Minn, at 492-93, 238 N.W.2d at 631.

Recently, the author of the Roaderick opinion, sitting as a federal district judge, applied the two-year limitation period in an action remarkably similar to the present case: the plaintiff alleged that he was discharged in violation of a de facto employment contract arising out of written manuals, policy statements, and oral assurances. Griffin v. American Motors Sales Corp., 618 F.Supp. 455 (D.Minn.1985).

In the present case the trial court based its denial of the bank’s motion for summary judgment on the nature of the relief which respondent seeks: not only lost income, but also reinstatement, reimbursement of expenses incurred, and damages for emotional distress, mental anguish and humiliation. Apparently respondent now recognizes that the statutory limitations period cannot be manipulated by the relief sought, for on appeal he emphasizes not the nature of the remedy but the na *243 ture of the wrong. Assuring us that his action sounds in contract and not in tort, respondent characterizes the action as one for wrongful discharge. He correctly denominates his action as one for breach of contract. Discharge from employment is actionable, if at all, because it constitutes a breach of the employment contract. See Pine River, 333 N.W.2d at 627, 628, and cases cited therein.

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Bluebook (online)
405 N.W.2d 240, 2 I.E.R. Cas. (BNA) 475, 1987 Minn. LEXIS 760, 107 Lab. Cas. (CCH) 55,784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/portlance-v-golden-valley-state-bank-minn-1987.