Batchelder v. Realty Resources Hospitality
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STATE O F MAINE PENOBSCOT, SS. SUPERIOR COURT CIVIL ACTION Docket No. CV-03-232 i --.- 0 F " is--,c i -q c!.;r ~ i F-p,lT-- ~ E 3 JLH -P$~1~1)3j~bSUFEEl@E j,&N Deborah J. Batchelder, Plaintiff 13 4 2006 i I PEMOBSCOT COUNTY Findings of Fact and Conclusions of Law (Backpay claim) Realty Resources Hospitality, LLC et al., Defendants Hearing was held this date on the jury-waived aspects of the plaintiff's claim, namely, her claim for damages based on last wages. This hearing followed a trial by jury, which resulted in a verdict finding that the defendants unlawfully terminated the plaintiff's employment.' From the best available evidence, the court finds that the plaintiff's average weekly income while she worked for the defendants was $329.53. This is based on a period of employment for 21 weeks. In this regard, the court rejects the defendants' argument that she was employed for a longer period of time (which would lead to a lower average weekly wage), because the plaintiff was not paid for any time after December 16, 2001. Thus, her proposed calculations are more accurate. The court also finds that during that period of time, she earned $6,920. This is based on the pay stub for the final paycheck the defendants issued to the plaintiff. Although this amount varies slightly from a different record produced by the defendant, the court construes this ambiguity against the defendanrs. which produced both documents. Despite a good faith work search, the plaintiff remained unemployed until she secured employment at a Howard Johnson's restaurant, which started in late February 1 Although the plaintiff had only one nominal employer when she worked at Denny's Restaurant in Bangor, thejury found that all defendants constituted an integrated enterprise, thus rendering all defendants as employers for purposes of her employment discrimination claim. For this reason, in this order the court will refer to the plaintiff's employer(s) in the plural. I 1 2002. During this period, she lost wages of $3,153. Her subsequent rate of pay at Howard Johnson's was less than her wages at Denny's. That difference amounts to $1,665. Neither of these elements of damages is contested. In mid-May 2002, the plaintiff left her job at Howard Johnson's to begin work at Dysart's Restaurant, where she is still employed. Her average weekly wage at Dysart's ir, 2002 was grezte: thm the a 1 e r abo 0:veek!y amcunt she reccivec! at Denny's. On this L basis, the defendants contend that the plaintiff is not entitled to backpay for any of the time she has worked at Dysart's. However, the court accepts the plaintiff's testimony that she held a series of work assignments at Dysart's and that her rate of pay and the amount of tips she received increased over time, to the point at the end of July 2002 when that income exceeded the amount she earned at Denny's. Although the plaintiff has framed her testimony about the amount of her income prior to August 2002 as an estimate, the court finds that it constitutes better evidence of her income progression than the simple use of an average weekly wage for the entire year would suggest. From this, the P , ~ E T : finds by 2 prepecderznce t.h,zt the r - " ' nlaintiff'~ nnonino ""wages while she I n c t ,." V"b"' a"" worked at Dysart's through July 2002 is best reflected in her written summary. See plaintiff's exhibit D. That amounts to $872. Based on this evidence, the court finds that the plaintiff has lost wages in the total amount of $5,690 as a result of her termination from employment with the defendants. The entry shall be: For the foregoing reasons, following a jury-waived hearing on damages, the court finds that the plaintiff's damages for lost wages amount to $5,690. The parties shall file sub~nissions attorney's fees and pre-judgment interest pursuant to the schedule set out on on the record. Dated: January 3, 2006 J e f f r e y L. ~ j e l m MAINE JUDICIAL INFORMATION SYSTEM ksmi t h PENOBSCOT COUNTY SUPERIOR COURT mjxxi048 CASE PARTY ADDRESS BOOK DEBORAH J BATCHELDER VS REALTY RESOURCES HOSPITALITY AUBURN LLC ET AL CASE #:BANSC-CV-2003-00232 UTN :AOCSsr -2003-0129442 ................................................................................ DEBORAH J . BATCHELDER PL ATTY FARR, JULIE T e l # (207) 947-2223 ATTY ADDR:82 COLUMBIA ST PO BOX 2339 BANGOR M 04402-2339 E ATTY GREIF, ARTHUR T e l # (207) 947-2223 E ATTY ADDRi82 COLUMBIA ST PO BOX 2339 BANGOR M 04402-2339 01/10/2006 REALTY RESOURCES HOSPITALITY AUBURN LLC T e l # (207) 236-8538 ATTY CLOUTIER, CHAD A. ATTY ADDR:247 COMMERCIAL STREET BOX 515-3 REALTY RESOURCES HOSPITALITY BRIGHTCIN AVE LLC DE F ATTY CLOUTIER, CHAD A. T e l # (207) 236-8538 E ATTY ADDR:247 COMMERCIAL STREET BOX 515-3 ROCKPORT M 04856-5964 M=More, Space = Exit:M S e l e c t t h e EXIT KEY f o r page s e l e c t i o n l i n e .
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