HELEN SIERANSKI v. TJC ESQ, A PROFESSIONAL SERVICES CORPORATION
(AC 43272)
Appellate Court of Connecticut
March 2, 2021
Bright, C. J., and Moll and Suarez, Js.
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Syllabus
The plaintiff sought to recover damages from the defendant, T Co., for, inter alia, the alleged wrongful termination of her employment in violation of the statutory (
Argued October 19, 2020-officially released March 2, 2021
Procedural History
Action to recover damages for alleged wrongful termination, and for other relief, brought to the Superior Court in the judicial district of Ansonia-Milford, where the court, Tyma, J., granted in part the defendant‘s motion to strike; thereafter, the court granted the defendant‘s motion for summary judgment and rendered judgment thereon, from which the plaintiff appealed to this court. Reversed in part; further proceedings.
Maria Garcia-Quintner, for the appellee (defendant).
Opinion
SUAREZ, J. The plaintiff, Helen Sieranski, brought a three count complaint against her former employer, the defendant, TJC Esq, A Professional Services Corporation, seeking damages for wrongful termination, pregnancy
The following procedural history is relevant to this appeal. On November 13, 2017, the plaintiff filed the original complaint against the defendant alleging (1) wrongful termination of her employment in violation of the public policy embodied in
The plaintiff alleged the following relevant facts in count one of the original complaint: “The defendant is a law firm . . . . The plaintiff was employed by the defendant as a litigation paralegal. . . . While the plaintiff was employed by the defendant she reported to Attorney Brooke Goff. . . . On or about March 23, 2017, Attorney Goff realized [that] they had missed the time to appeal an arbitrator‘s decision on a case and asked the plaintiff to prepare an affidavit stating [that they had] never received the arbitrator‘s decision, which was not true. . . . The plaintiff drafted the affidavit but refused to notarize [it] because she knew it was false. . . . For the rest of the week Attorney Goff kept asking the plaintiff what the status was for the affidavit and the plaintiff repeatedly stated [that] it was not filed because the plaintiff would not sign the affidavit. . . . The defendant terminated the plaintiff‘s employment on March 31, 2017. . . . The defendant stated the reason for the plaintiff‘s termination was [that] she was not a good fit.” The plaintiff further alleged in relevant part: “The defendant terminated the [plaintiff‘s employment] in retaliation for refusing to notarize a false affidavit. . . . The defendant‘s termination of the plaintiff‘s employment is in violation of the long-standing public policy outlined in . . .
On January 22, 2018, the defendant filed a motion to strike each of the three counts in the original complaint. With respect to count one, the defendant argued that the plaintiff “fail[ed] to allege sufficient facts to establish that the employer‘s conduct at issue contravenes the public policy cited.” The court heard oral argument on the motion to strike on March 12, 2018. The plaintiff argued that it was a violation of public policy “for an attorney to force [her] paralegal to draft a knowingly false affidavit and notarize the same for a submission to a judicial fact-finding body.” The defendant argued that
Thereafter, the plaintiff did not plead over with respect to counts one or three. Instead, on July 16, 2018, pursuant to Practice Book §§ 61-2 and 61-5, she filed a notice of her intent to appeal, with respect to count one only, the court‘s decision granting the defendant‘s motion to strike.2 On July 31, 2018, the defendant filed a request to revise, requesting that the plaintiff remove all allegations from the original complaint that were immaterial to count two, alleging discrimination on the basis of pregnancy, which was the sole remaining claim in the case. On August 6, 2018, in accordance with the defendant‘s request, the plaintiff filed a revised complaint that removed counts one and three and the allegations that were material only to those counts. On September 5, 2018, the defendant filed its answer and four special defenses. On September 18, 2018, the plaintiff filed a reply to the special defenses.
On December 14, 2018, the defendant filed a motion for summary judgment with respect to the sole count in the revised complaint, alleging pregnancy discrimination, which the court granted on August 6, 2019.3 The plaintiff filed the present appeal
The plaintiff claims that the court erred in granting the defendant‘s motion to strike as to count one of the original complaint, which alleged common-law wrongful termination in violation of the public policy outlined in
Practice Book § 10-39 (a) provides in relevant part: “A motion to strike shall be used whenever any party wishes to contest (1) the legal sufficiency of . . . any one or more counts . . . to state a claim upon which relief can be granted . . . .”
“The standard of review in an appeal challenging a trial court‘s granting of a motion to strike is well established. A motion to strike challenges the legal sufficiency of a pleading, and, consequently, requires no factual findings by the trial court. As a result, our review of the court‘s ruling is plenary. . . . We take the facts to be those alleged in the complaint that has been stricken and we construe the complaint in the manner most favorable to sustaining its legal sufficiency. . . . Thus, [i]f facts provable in the complaint would support a cause of action, the motion to strike must be denied.” (Internal quotation marks omitted.) Sempey v. Stamford Hospital, 194 Conn. App. 505, 511, 221 A.3d 839 (2019).
Next, we briefly discuss what constitutes common-law wrongful discharge in violation of public policy. Our Supreme Court has recognized “the principle that public policy imposes some limits on unbridled discretion to terminate the employment of someone hired at will.” Sheets v. Teddy‘s Frosted Foods, Inc., 179 Conn. 471, 476, 427 A.2d 385 (1980). In creating this public policy exception to the at-will employment doctrine, the court in Sheets stated that an
“Although the court in Sheets recognized a public policy limitation on [this] doctrine in an effort to balance the competing interests of employers and employees . . . [it also] recognized the inherent vagueness of the concept of public policy and the difficulty encountered when attempting to define precisely the contours of the public policy exception. In evaluating claims, [courts should] look to see whether the plaintiff has alleged that [her] discharge violated any explicit statutory or constitutional provision . . . or whether [she] alleged that [her] dismissal contravened any judicially conceived notion of public policy. . . .”
“Our Supreme Court also repeatedly [has] underscored [that] adherence to the principle that the public policy exception to the general rule allowing unfettered termination of an at-will employment relationship is a narrow one. . . . [C]ourts should not lightly intervene to impair the exercise of managerial discretion or to foment unwarranted litigation . . . . Consequently, we have rejected claims of wrongful discharge that have not been predicated upon an employer‘s violation of an important and clearly articulated public policy.” (Citation omitted; internal quotation marks omitted.) Morrissey-Manter v. Saint Francis Hospital & Medical Center, 166 Conn. App. 510, 531, 142 A.3d 363, cert. denied, 323 Conn. 924, 149 A.3d 982 (2016).
Additionally, the court in Sheets stated: “We need not decide whether violation of a state statute is invariably a prerequisite to the conclusion that a challenged discharge violates public policy. Certainly when there is a relevant state statute we should not ignore the statement of public policy that it represents. For today, it is enough to decide that an employee should not be put to an election whether to risk criminal sanction or to jeopardize [her] continued employment.” Sheets v. Teddy‘s Frosted Foods, Inc., supra, 179 Conn. 480.
“[T]he [plaintiff] has the burden of pleading and proving that [her] dismissal occurred for a reason violating public policy.” Morris v. Hartford Courant Co., 200 Conn. 676, 679, 513 A.2d 66 (1986). Further, a plaintiff must prove the employer‘s violation of public policy under an objective standard. Fenner v. Hartford Courant Co., 77 Conn. App. 185, 196-97, 822 A.2d 982 (2003).
In the present case, like in cases such as Sheets and Fenner, the plaintiff alleged in her original complaint that she was placed in a situation where she was forced to violate a statute or have her employment terminated. See Sheets v. Teddy‘s Frosted Foods, Inc., supra, 179 Conn. 480; Fenner v. Hartford Courant Co., supra, 77 Conn. App. 195. The plaintiff relies, in part, on the public policy embodied in
“In Connecticut, we long have eschewed the notion that pleadings should be read in a hypertechnical manner. Rather, [t]he modern trend, which is followed in Connecticut, is to construe pleadings broadly and realistically, rather than narrowly and technically. . . . [T]he complaint must be read in its entirety in such a way as to give effect to the pleading with reference to the general theory upon which it proceeded, and do substantial justice between the parties. . . . Our reading of pleadings in a manner that advances substantial justice means that a pleading must be construed reasonably, to contain all that it fairly means, but carries with it the related proposition that it must not be contorted in such a way so as to strain the bounds of rational comprehension.” (Internal quotation marks omitted.) Deming v. Nationwide Mutual Ins. Co., 279 Conn. 745, 778, 905 A.2d 623 (2006).
Here, contrary to the defendant‘s assertion, the allegations, when read as a whole, reasonably can be interpreted to allege that Attorney Goff knew that the statements that she directed the plaintiff to include in the affidavit were false. To reiterate, the original complaint alleged that “Attorney Goff realized they had missed the time to appeal an arbitrator‘s decision on a case and asked the plaintiff to prepare an affidavit stating [that they had] never received the arbitrator‘s decision, which was not true.” This allegation reasonably may be interpreted to allege that Attorney Goff knew that she, in fact, had received the arbitrator‘s decision and did not file a timely appeal within the statutory appeal period, and that she wanted the plaintiff to draft a false affidavit that said otherwise.
The defendant relies on the fact that the original complaint does not name the affiant for whom the plaintiff was asked to prepare the affidavit. However, given that the plaintiff alleged in the original complaint that she was supervised in her employment by Attorney Goff and that Attorney Goff repeatedly asked the plaintiff about the status of the affidavit, it is reasonable to infer from these allegations that Attorney Goff planned to serve as the affiant and would have violated
We next turn to the plaintiff‘s reliance on the public policy embodied in
The defendant relies on a 1991 amendment to the statute, which, among other things, deleted a portion of
Additionally, the defendant cites
We do not agree that the 1991 amendment narrowed the statute in the way that the defendant posits. The bill left intact the language of
The statutory scheme governing notaries public supports this public policy. Section
Here, the original complaint not only alleged that the plaintiff knew that the statements in the affidavit were false, but also that she wrote the false statements on Attorney Goff‘s behalf by drafting the affidavit. This scenario, therefore, is not one in which the plaintiff would have needed to read the document or otherwise go beyond her duties as a notary to discover that the statements within a given document were false. Instead, the statement at issue involved alleged falsehoods of which she had personal knowledge. By notarizing the affidavit that Attorney Goff asked her to prepare, the plaintiff would have performed her notarial duties in a matter that knowingly assisted the affiant in deceiving the court. Notaries serve as public officials appointed by the Secretary of the State.
When viewing the original complaint in the light most favorable to the plaintiff, the alleged facts are sufficient to support a finding that the plaintiff‘s employment was terminated because she refused to assist the defendant in misleading the court and others involved in the subject litigation. Both
The judgment is reversed with respect to the striking of count one of the plaintiff‘s original complaint, and the case is remanded for further proceedings on that count consistent with this opinion; the judgment is affirmed in all other respects.
In this opinion the other judges concurred.
Notes
“The court, having heard argument, granted the defendant‘s motion to strike as to the first and third counts of the complaint on July 10, 2018.
“The defendant thence filed a motion for summary judgment as to the sole remaining count of the complaint on December 14, 2018. The court granted said motion on August 6, 2019.
“Whereupon, it is adjudged that judgment shall enter in favor of the defendant.” This language can reasonably be interpreted to reflect that on August 6, 2019, the court rendered a final judgment with respect to all of the counts in favor of the defendant.
In footnote 1 of its brief, the defendant invites this court to reconsider the jurisdictional issue raised in the motion to dismiss, stating: “After the plaintiff filed the instant appeal, the defendant moved to dismiss the appeal on the basis that the court lacked jurisdiction. The defendant argued that by filing an amended complaint . . . that dropped the [wrongful termination] claims entirely, the plaintiff failed to properly preserve her right to appeal the court‘s decision to strike such claim. In an order dated October 16, 2019, the Appellate Court denied the motion to dismiss. Given that jurisdictional issues can be raised at any point, the defendant renews and reincorporates the arguments set forth in its motion to dismiss. [Practice Book] § 66-8.”
We are not persuaded to revisit the jurisdictional issue previously raised by the defendant in its motion to dismiss.
