Dunn v. Northeast Helicopters Flight Services, LLC

Citations

• 346 Conn. 360

Syllabus

Pursuant to statute (§ 31-73 (b)), ''[n]o employer . . . shall, directly or indi- rectly, demand, request, receive or exact any refund of wages, fee, sum of money or contribution from any person . . . upon the representation or the understanding that such refund of wages, fee, sum of money, contribution or deduction is necessary to secure employment or con- tinue in employment.'' The plaintiff sought to recover damages for the allegedly wrongful termina- tion of his employment by the defendant, N Co., claiming that his termina- tion was in violation of the public policy articulated in § 31-73 (b). N Co., which operates a helicopter flight training school, originally hired the plaintiff as a flight instructor and later promoted him to the role of chief pilot. The plaintiff was an at-will employee, and his claim was based on the cause of action recognized by this court in Sheets v. Teddy's Frosted Foods, Inc. (179 Conn. 471), for the discharge of an at-will employee when the employee can demonstrate a demonstrably improper reason for the discharge that is derived from the violation of public policy. The plaintiff, while employed at N Co., decided to pursue an opportunity to become a certified pilot examiner for the Federal Aviation Administration (FAA) after discussing the matter with B, N Co.'s owner. FAA examiners are sometimes affiliated with flight training schools, such as N Co., and charge fees in connection with conducting FAA examinations, which are paid directly by students seeking to secure pilot's licenses. B agreed that the plaintiff should pursue the opportunity and that having an FAA examiner affiliated with N Co. would benefit the company. The plaintiff later asked B for a loan to attend a required FAA training program. B responded that he would lend the plaintiff the money on the conditions that the plaintiff pay him back with the future examination fees the plaintiff would collect after becoming an FAA examiner and that, after the loan was paid back,