Lopez v. Burris Logistics Co.
952 F. Supp. 2d 396
D. Conn.2013Background
- Consolidated action where Burris moved to dismiss Count Two (common law wrongful discharge) as precluded by Conn. Gen. Stat. § 31-51q.
- Plaintiffs allege Burris terminated them February 21, 2012 after a water main break and safety concerns at the Rocky Hill warehouse.
- Plaintiffs allege wage underpayment, safety complaints, and sexual harassment as bases for wrongful discharge; Count Three asserts § 31-51q.
- Court analyzes whether a statutory remedy precludes a separate common-law wrongful discharge claim under public policy.
- Initial ruling: wage and sexual-harassment-based wrongful discharge claims are precluded; safe-workplace claim may proceed, per Parsons.
- On reconsideration, new OSHA preclusion argument emerges; court ultimately precludes workplace-safety wrongful discharge claim due to OSHA remedy and ongoing OSHA proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 31-51q preclude common law wrongful discharge based on wage violations? | Wage complaints may support a separate common law claim as public policy not fully covered by § 31-51q. | Statutory wage remedies preempt common law wrongful discharge when based on wage-related public policy. | Precluded; wage-based wrongful discharge claims dismissed. |
| May common law wrongful discharge grounded on safe workplace policy proceed alongside § 31-51q claims? | Parsons supports a viable private wrongful discharge claim for unsafe conditions not remedied by statute. | OSHA or other statutory remedies may preclude such claims. | Permitted; workplace-safety-based wrongful discharge claims survive. |
| Is the wrongful discharge claim based on sexual harassment precluded by statutory remedies? | Public policy against harassment supports a common law claim independent of statutory remedies. | Title VII/CFEPA provide adequate remedies; no independent common law claim needed. | Precluded; sexual-harassment-based wrongful discharge claims dismissed. |
| Does OSHA provide a statutory preclusion for the workplace-safety wrongful discharge claim? | OSHA does not bar a private common law claim when based on safety policy. | OSHA precludes a related common law claim when a statutory remedy exists and proceedings are pending. | Preclusion; OSHA remedy pending and active, leading to dismissal of the safety-based common law claim. |
Key Cases Cited
- Parsons v. United Tech. Corp., Sikorsky Aircraft Div., 243 Conn. 66 (Conn. 1997) (recognizes safe-workplace public policy allowing wrongful discharge claim when no remedy exists)
- Burnham v. Karl and Gelb, P.C., 252 Conn. 153 (Conn. 2000) (preclusion of wrongful discharge when statutory remedy exists)
- Schumann v. Dianon Systems, Inc., 304 Conn. 585 (Conn. 2012) (scholarly treatment of § 31-51q and common-law claims; internal/dual pleadings context)
- Thibodeau v. Design Group One Architects, LLC, 260 Conn. 691 (Conn. 2002) (recognizes Parsons-like public policy safety considerations in wrongful discharge)