Opinion

Walker v. Maine Sports Complex

Court
Superior Court of Maine
Filed
Mar 10, 2004
Status
Unpublished
On the bench
Joyce A. Wheeler
Cited by
0 cases

The opinion

STATE OF MAINE FILED &E NTE R EDPERIOR COURT

PENOBSCOT, SS. SUPERIOR COURAkel No. CV-03-13 |

“SNO MOO

MAR 10 2004 AM Me PEN 3 / of DO

GARY WALKER and ) PENOBSCOT COUNTY

MELANIE WALKER, )

Plaintiffs, )

v. ) DECISION AND JUDGMENT

MAINE SPORTS COMPLEX, __ ) DUAL L pcre

LLC,, and PETER MADIGAN, _ ) pe

Defendants. ) mee

APE 16 24

FINDINGS

The facts surrounding the parties’ relationship are not in significant dispute,

although the precise nature of their agreement forms the crux of this disagreement.

Plaintiff’ has commenced a multiple count Complaint claiming certain amounts due

from the Defendants.

Plaintiff is a former professional soccer player from the United Kingdom who

came to the United States to pursue opportunities in coaching and development. He

owns All-Pro Soccer and Sports Camps (herein referred to as “All-Pro”) and obtained

an investor’s visa (E-2) for his ventures in the United States. He quickly perceived the

need for a year-round indoor sports facility in eastern Maine and set about making

plans for such a facility and sought investors.

Defendant Walker became an investor and Chief Executive Officer of the facility

which came to be known locally as “the Dome” and operated under ownership of

Defendant Maine Sports Complex, LLC (herein, Maine Sports). The Plaintiff signed on

as Operations Manager for the corporation. As Plaintiff’s status had changed (he was no

longer “investor-self-employed), he applied for an H 1-B visa in conjunction with his

new employment role with Maine Sports.

The relationship between Maine Sports and the Plaintiff was clarified ina

document entitled “CONTRACT Between Maine Sports Complex and Gary Walker:

Operations Manager.” See Plaintiff's Exhibit 2. Paragraph 1 of the contract provides:

Gary Walker's (GW) annual consultancy salary commencing employment at Maine Sports

Complex (MSC), to be $33,000 per annum. This will rise to a salary set by Maine Labor

Certification (sic). A review on a yearly basis (minimum cost of living rise). Within 2002, salaries

to be reviewed quarterly...

' - Throughout this Decision and J udgment, the court will refer to Gary Walker as the Plaintiff.

Paragraph 3 mandates three months minimum notice for cessation of employment.

Paragraph 8 provided for a contribution by Maine Sports Complex of “..up to $450 per

month towards GW’s health insurance.”

Paragraph 10 provides:

H-1B has not been awarded by May 1* salary will be increased to maximum of $54, 000 as per

labour certification board. Please note: Gary Walker’s contract should run concurrently with his

H-1B visa. A further review regarding financing brought to the facility by Gary Walker for

further development at the facility needs to be addressed regarding the eventuality of the sale of

the facility and Gary Walker's income.

All parties signed the contract on May 1, 2002.

Although the contract is extremely poorly written from a legal point of view, the

court is able to discern the parties intentions without difficulty and otherwise finds the

contract to be unambiguous. Paragraph 1 establishes a salary ($33,000 per year) which

will (emphasis supplied) rise to a salary set by the Maine Labor Certification2

Although paragraph 1 makes no reference to when this increase in salary

commences, paragraph 10 does. It provides that the granting of the H 1-B visa triggers

the contractual provisions (including the increased salary). The earlier reference to the

$33,000 salary simply clarifies and memorializes the parties’ agreement and

understanding of Plaintiff's compensation rate prior to the effective start of the written

contract.

Although Maine Sports claims to have considered Plaintiff an independent

consultant, it is clear to the court that he was, in fact, an employee. Although he had the

prerogative of pursuing gainful ventures outside his duties at Maine Sport, these

activities were restricted to an area outside an 80 mile radius of Maine Sports and could

not “...distract or impact from GW’s position at MSC...”. Further, the contract provided

at paragraph 8:

It should be noted that MSC will be GW’s primary employment and therefore GW must complete

and fulfill all his obligations as Manager of MSC ina satisfactory and professional manner prior

to undertaking additional work outside of MSC.”

It is clear that the parties are creating only a small window for outside ventures and that

Plaintiff's “...primary employment...” is with Maine Sport. Although Plaintiff had

considerable discretion in determining the actual operational end of Maine Sports, he

was acting within the scope and prerogative of any upper level salaried executive in

any business venture. He was not a paving contractor hired to build a driveway or an

accountant to audit financial records. He clearly was an employee of Maine Sports.

* - This is clearly a reference to the prevailing wage figure to be supplied by Maine Department

of Labor in conjunction with the H 1-B visa request.

* -“. Gary Walker’s contract should run concurrently with his H-1B visa...”

Maine Sport terminated the Plaintiff's employment without compliance with the

contractually mandated three month period and failed to compensate him for his return

flight to England when his visa status changed.

The forgoing conclusions of the court are supported by the testimony of the

Plaintiff which the court finds credible.

The court finds that Maine Sport was a viable corporation at all times mentioned

herein and that Defendant Madigan acted at all times as its duly authorized agent.

CONCLUSIONS

Plaintiff was entitled to be compensated at the rate of $4,458 per month pursuant

to the terms of the contract while his H 1-B visa was in effect. However, he received

(through his company All-Pro) $3000 per month.’ The resulting difference is $1,458. For

the months of May through October (when Plaintiff was terminated from employment),

2002, the cumulative difference is $8,748. Similarly, the failure of Maine Sports to follow

the three month cessation provision entitled Plaintiff for compensation for those months

(the sum of $13, 374).

Plaintiff is entitled to the cost of his ticket to return to England ($667.00).

The court declines to award damages for “start-up” efforts or other

compensatory damages as the Plaintiff has failed to demonstrate a basis for entitlement

to such amounts and has not proven a basis for a specific computation of such amounts.

The court finds no basis upon which to hold Defendant Madigan personally

liable for the obligations of the corporation as noted herein.

The court finds no basis for recovery on behalf of Plaintiff Melanie Walker.

The court is satisfied that 26 MRSA §621 entitles Plaintiff to a trebling of the total

of his withheld regular wages for a total of $26,244. Added with his three month

“severance pay” of $13,374, and airline fare of $667, Plaintiff is entitled to total

compensatory damages of $40,285..

The court also awards Plaintiff attorney’s fees of $13,728.06, plus interest and

costs of court.

JUDGMENT

Judgment is rendered in favor of Plaintiff Gary Walker against Defendant Maine

Sports Complex on Counts I, II, V, and VI of the Complaint in the amount of $40,285

compensatory damages, attorneys’ fees of $13,728.06, interest and costs.

* - The insurance contributions are not affected by these circumstances.

Judgment is rendered in favor of Defendants on all other counts. Judgment is

granted in favor of Defendant Peter Madigan on all counts.

The Clerk may incorporate this Decision upon the docket by reference.

(Lo fos

Andrew M. Mead

JUSTICE, MAINE SUPERIOR COURT

Dated: March 10, 2004

GARY WALKER - PLAINTIFF

141 BAKER ROAD °

WINTERPORT ME 04496

Attorney for: GARY WALKER

ANNEMARIE L STOREY

RUDMAN & WINCHELL

84 HARLOW ST

PO BOX 1401

BANGOR ME 04402-1401

Attorney for: GARY WALKER

EDMOND BEAROR

RUDMAN & WINCHELL

84 HARLOW ST

PO BOX 1401

BANGOR ME 04402-1401

MELANIE WALKER - PLAINTIFF

141 BAKER ROAD

WINTERPORT ME 04496

Attorney for: MELANIE WALKER

ANNEMARIE L STOREY

RUDMAN & WINCHELL

84 HARLOW ST

PO BOX 1401

BANGOR ME 04402-1401

Attorney for: MELANIE WALKER

EDMOND BEAROR

RUDMAN & WINCHELL

84 HARLOW ST

PO BOX 1401

BANGOR ME 04402-1401

vs

MAINE SPORTS COMPLEX LLC - DEFENDANT

330 COLDBROOK ROAD

HAMPDEN ME 04444

Attorney for: MAINE SPORTS COMPLEX LLC

RICHARD SILVER

RUSSELL LINGLEY & SILVER

145 EXCHANGE STREET

BANGOR ME 04401-6505

PETER MADIGAN - DEFENDANT

330 COLDBROOK ROAD

HAMPDEN ME 04444

Attorney for: PETER MADIGAN

RICHARD SILVER

RUSSELL LINGLEY & SILVER

145 EXCHANGE STREET

BANGOR ME 04401-6505

Page

SUPERIOR COURT

PENOBSCOT, ss.

Docket No BANSC-CV-2003-00013

DOCKET RECORD

Printed on:

03/11/2004

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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