Besse v. Carestream Health, Inc.
6:13-cv-06370
W.D.N.Y.Dec 10, 2013Background
- Besse, an American, worked for Carestream for over 33 years in various roles
- He was terminated on March 23, 2012 and allegedly replaced by an Italian
- He alleges the managers were Italian and wanted a replacement of different national origin
- Carestream allegedly claimed he retired, but he did not; no retirement paperwork or severance
- He claims reliance on assurances of continued employment or independent contractor work and made major life changes based on those representations
- Plaintiff asserts Title VII and NYSHRL discrimination, plus fraud and intentional infliction of financial harm
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does plaintiff state a plausible discrimination claim? | Besse alleges termination and replacement based on American vs. Italian nationality | Replacement by a person of different nationality alone does not establish plausible discrimination at pleading | Discrimination claim dismissed without prejudice |
| Are fraud/negligent misrepresentation claims viable given at-will employment? | Defendants misrepresented continued employment or independent contractor arrangement | Future-act promises constitute breach of contract, not fraud | Fraud and negligent misrepresentation dismissed |
| Is the intentional infliction of financial harm claim viable and timely? | Claim alleged intentional financial harm by employer | No recognized NY tort or time-bar; at-will discharge not actionable | Claim dismissed (barred by statute of limitations; no prima facie tort; dismissed with prejudice) |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (establishes framework for prima facie discrimination)
- Song v. Ives Laboratories, Inc., 957 F.2d 1041 (2d Cir. 1992) (NY discrimination analysis follows Title VII framework)
- Swierkiewicz v. Sorema, N.A., 534 U.S. 506 (U.S. 2002) (pleading standards require plausible claims, not heightened facts)
- Twombly, 550 U.S. 544 (U.S. 2007) (plausibility standard for complaint sufficiency)
- Foster v. The Human Society of Rochester and Monroe County, Inc., 724 F.Supp.2d 382 (W.D.N.Y. 2010) (discrimination claim inadequate where only foreign replacement alleged)
- Patterson v. County of Oneida, N.Y., 375 F.3d 206 (2d Cir. 2004) (individuals cannot be liable under Title VII)
- Marino v. Oakwood Care Ctr., 5 A.D.3d 740 (2d Dept. 2004) (at-will employment precludes reasonable reliance on promises)
- ATI, Inc. v. Ruder & Finn, Inc., 42 N.Y.2d 454 (N.Y.1977) (wrongful discharge considerations and tort limitations)
- Lama Holding Co. v. Smith Barney Inc., 88 N.Y.2d 413 (N.Y.1996) (fraud elements and reliance in NY law)