Izzo v. Freedom Graphics Systems, Inc.
3:15-cv-00602
D. Conn.Sep 20, 2016Background
- Paul Izzo sued Freedom Graphic Systems, Inc. (FGS) for breach of an employment agreement, alleging FGS prevented him from contacting certain sales accounts and failed to pay office rent/commissions.
- Izzo was hired via a March 2010 offer letter as "Director of National Strategic Accounts." The agreement did not state a fixed term but provided severance schedules tied to termination timing.
- The contract was interpreted as an at-will employment agreement (indefinite term), permitting FGS to change employee responsibilities without breaching the agreement.
- Izzo pointed to an "Account Assignment Responsibilities" appendix (dated March 23, 2010) and argued it created a contractual right to call on specified clients for the duration of his employment.
- The appendix was labeled a list of responsibilities, included an "approximate yearly spend" column, and was dated—factors the court relied on as indicating it was not a standalone, irrevocable contractual promise.
- Izzo moved for reconsideration of the court’s prior summary-judgment ruling for FGS; the court denied reconsideration and also denied defendant’s request for costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reconsideration is warranted | Izzo argued the court overlooked facts/authority and the Appendix raises factual issues for a jury | FGS argued no controlling authority or new evidence undermines the summary-judgment ruling | Denied — Izzo failed to show intervening law, new evidence, or clear error; motion denied |
| Whether the Appendix created a contractual right to accounts | Izzo argued the Appendix was an additional agreement guaranteeing account access and commissions during employment | FGS argued the Appendix listed employee responsibilities and was subject to change; no binding promise created | Held for FGS — Appendix construed as responsibilities, not a separate enforceable benefit; contract at-will so employer could change duties |
| Timeliness of any wage or fraudulent-inducement claims | Izzo suggested unpaid commissions or fraudulent inducement claims | FGS noted statutes of limitations would bar such claims | Court observed any wage claim (two-year limit) or fraudulent-inducement claim (three-year limit) would be time-barred if asserted |
Key Cases Cited
- Shrader v. CSX Transp., Inc., 70 F.3d 255 (2d Cir. 1995) (standards for granting motions for reconsideration)
- Virgin Atlantic Airways, Ltd. v. Nat’l Mediation Bd., 956 F.2d 1245 (2d Cir. 1992) (grounds for reconsideration: intervening law, new evidence, clear error/manifest injustice)
- Bessemer Trust Co. v. Branin, 498 F. Supp. 2d 632 (S.D.N.Y. 2007) (employer may change terms when entire contract is terminable at will)
- Antonino v. Johnson, 113 Conn. App. 72 (Conn. App. 2009) (clear contract language is a question of law, not fact)
- D'Ulisse–Cupo v. Board of Directors of Notre Dame High School, 520 A.2d 217 (Conn. 1987) (general rule that indefinite-term employment is terminable at will)
