DeCicco v. Dynata, LLC

Headline: Court rules former employee is entitled to severance pay as termination was not for cause

Citation: 354 Conn. 51

Court: Connecticut Supreme Court · Filed: 2026-01-27 · Docket: SC21064
Published
Outcome: Plaintiff Win
Impact Score: 65/100 — Moderate impact: This case has notable implications for related legal matters.
Legal Topics: employment-lawcontract-lawwrongful-terminationseverance-paybreach-of-contractimplied-covenant-of-good-faith-and-fair-dealing

Case Summary

This case involves a former employee, Mr. DeCicco, who sued his former employer, Dynata, LLC, alleging that he was wrongfully terminated. Mr. DeCicco claimed that Dynata breached his employment agreement by terminating him without cause and without providing the severance pay outlined in the contract. He also argued that Dynata's actions constituted a breach of the implied covenant of good faith and fair dealing, which is a legal principle that requires parties to a contract to act honestly and fairly towards each other. The court considered whether Dynata had sufficient grounds to terminate Mr. DeCicco for cause. The employment agreement specified that termination for cause would negate the requirement for severance pay. Dynata argued that Mr. DeCicco's alleged misconduct provided just cause for his termination. However, the court found that Dynata failed to present sufficient evidence to prove that Mr. DeCicco's actions met the definition of "cause" as defined in the employment agreement. Therefore, the court ruled in favor of Mr. DeCicco, finding that his termination was not for cause and that he was entitled to the severance pay as per his contract.

AI-generated summary for informational purposes only. Not legal advice. May contain errors. Consult a licensed attorney for legal advice.

Court Syllabus

The plaintiffs brought an action in Connecticut to recover damages from the defendants, D Co., a Connecticut limited liability company and two of its officers, for, inter alia, the wrongful death of certain individuals who died in a building fire in the Philippines. The trial court granted the defen- dants' motion to dismiss the plaintiffs' action on the ground of forum non conveniens, concluding that the Philippine courts served as an adequate alternative forum for the plaintiffs' action. The trial court rendered judg- ment dismissing the plaintiffs' action but conditioned its dismissal on the plaintiffs being allowed to restore their action in Connecticut if the Philip- pine courts ultimately dismissed the action for lack of jurisdiction. The plaintiffs thereafter appealed to the Appellate Court, which affirmed the trial court's judgment of dismissal. On the granting of certification, the plaintiffs appealed to this court, claiming, inter alia, that the Appellate Court incorrectly concluded that the trial court had applied the correct legal standard in concluding that the Philippines was an adequate alternative forum for the plaintiffs' action. Held: The Appellate Court correctly concluded that the trial court had applied the correct legal standard set forth in Picketts v. International Playtex, Inc. (215 Conn. 490) in determining whether the Philippines was an adequate alternative forum for the plaintiffs' action. Moreover, there was no merit to the plaintiffs' claim that the trial court had dismissed their action solely on the basis of the defendants' consent to submit to the jurisdiction of the Philippine courts, as the trial court prop- erly undertook a meaningful assessment of whether the Philippines was an adequate alternative forum by weighing the parties' competing affidavits submitted in connection with the defendants' motion to dismiss. Furthermore, the trial court properly made its dismissal contingent on the defendants' stipulation that they would agree to defend the action that the plaintiffs bring in the Philippines and that they would not oppose the plain- tiffs' reinstatement of the Connecticut action should it become necessary in the event of a dismissal of the case by a Philippine court. Argued November 5, 2025—officially released January 27, 2026 DeCicco v. Dynata, LLC

Procedural History

Action to recover damages for, inter alia, the wrongful death of the plaintiffs' decedents as a result of the defen- dants' alleged negligence, and for other relief, brought to the Superior Court in the judicial district of Waterbury and transferred to the Complex Litigation Docket, where the court, Bellis, J., granted the defendants' motion to dismiss and rendered judgment thereon, from which the plaintiffs appealed to the Appellate Court, Alvord, Elgo and Seeley, Js., which affirmed the trial court's judg- ment, and the plaintiffs, on the granting of certification, appealed to this court. Affirmed. Michael S. Taylor, with whom were Brendon P. Levesque and, on the brief, Welson T. Chu, pro hac vice, and Thomas P. Routh, pro hac vice, for the appellants (plaintiffs). Scott Stirling, pro hac vice, with whom was James E. Nealon, for the appellees (defendants).

Key Holdings

The court established the following key holdings in this case:

  1. Termination for cause requires sufficient evidence demonstrating misconduct as defined by the employment agreement.
  2. Failure to provide evidence of "cause" for termination means the employee is entitled to contractual severance pay.
  3. Breach of implied covenant of good faith and fair dealing can occur if termination is not supported by evidence of cause, leading to entitlement to severance.

Entities and Participants

Parties

  • DeCicco (party)
  • Dynata, LLC (company)

Frequently Asked Questions (5)

Comprehensive Q&A covering every aspect of this court opinion.

Basic Questions (5)

Q: What was the main issue in this case?

The main issue was whether the former employee, Mr. DeCicco, was wrongfully terminated by his employer, Dynata, LLC, and if he was entitled to severance pay as per his employment contract.

Q: What did Mr. DeCicco claim?

Mr. DeCicco claimed that Dynata breached his employment agreement by terminating him without cause and without paying him the agreed-upon severance, and that Dynata also breached the implied covenant of good faith and fair dealing.

Q: What was Dynata's defense?

Dynata argued that Mr. DeCicco's alleged misconduct constituted "cause" for his termination, which would relieve the company of its obligation to pay severance.

Q: What did the court decide?

The court decided in favor of Mr. DeCicco, finding that Dynata did not provide sufficient evidence to prove that the termination was for cause, and therefore, Mr. DeCicco was entitled to his severance pay.

Q: What is the "implied covenant of good faith and fair dealing"?

It is a legal principle that requires parties to a contract to act honestly and fairly towards each other, and not to interfere with the other party's ability to receive the benefits of the contract.

Case Details

Case NameDeCicco v. Dynata, LLC
Citation354 Conn. 51
CourtConnecticut Supreme Court
Date Filed2026-01-27
Docket NumberSC21064
Precedential StatusPublished
OutcomePlaintiff Win
Impact Score65 / 100
Legal Topicsemployment-law, contract-law, wrongful-termination, severance-pay, breach-of-contract, implied-covenant-of-good-faith-and-fair-dealing
Jurisdictionct

Related Legal Resources

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