$110,312 damages award upheld in job fraud case

PORTLAND — Maine’s highest court Monday upheld a jury award of $110,312 in compensatory damages to a Sanford man for job fraud and breach of contract, but took away an additional $35,000 earmarked as punitive damages.

Louis Boivin had sued Jones & Vining Inc., which manufactures soles for the shoe industry, claiming it had reneged on its oral promise of a lifelong job if he agreed to go to work in its injection molding division in Lewiston.

Boivin had maintained that the company, for which he had previously worked before being rehired, had no plans to offer him a permanent job but only wanted to take advantage of his expertise in reducing surplus inventory of injection molding materials.

The Maine Supreme Judicial Court unanimously agreed.

“Contrary to Jones & Vining’s contention, there was credible evidence that Jones & Vining made the promise of employment with knowledge of its falsity,” the ruling said.

In setting aside punitive damages, the court found no clear and convincing evidence that Jones & Vining acted with malice.

Boivin had argued that the company’s conduct was so outrageous that malice against him could be implied.

“We consider it a big victory,” said Boivin’s lawyer, Paul F. Macri of Lewiston. Macri said that despite the loss of punitive damages, the ruling sends a message to employers that they cannot use deceptive practices to get people to work for them.

The company attorney, Robert H. Stier Jr. of Portland, was in a deposition hearing and could not be reached immediately for comment.

Boivin began working at Jones & Vining in 1975 as assistant manager and was promoted to plant manager before being fired in 1979. He said that dismissal came just after he succeeded in reducing surplus inventory.

In early 1984, when Boivin was about 57 years old, Jones & Vining contacted him to ask that he return to the company. He refused, but agreed to work as a consultant for six weeks.

At the end of that period, Oscar Cloutier, then a vice president, again asked Boivin to accept a job, telling him he could stay with Jones & Vining until he was 65 or older. At that point, Boivin accepted.

In December 1985, after Boivin had eliminated the inventory he was to reduce, he learned that the injection molding department was being moved to a plant in Leominster, Mass.

Boivin said he was willing to be transferred to continue his job, but was told that another person had been hired to take over as manager of injection molding at Leominster. Boivin was kept on the payroll on a week-to-week basis until June 1986, when he was let go.