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SUAREZ v. DICKMONT PLASTICS CORPORATION2/18/1997
9 Conn. 218. Instead, the focus should be on whether an employee has such substantial responsibilities, authority or ownership interest to be deemed the employer's alter ego.
With these principles in mind, I conclude that the jury reasonably could have found that, under the facts of this case, the night shift foreman, Santiago, was in fact the defendant's alter ego on the second shift when the Scalises were not present. Richard Scalise, Jr., testified that Santiago was vested with broad authority in terms of directing manufacturing operations, training employees, and adopting and enforcing workplace policies. Because the defendant historically had hired numerous Spanish-speaking employees, such as the plaintiff, the defendant relied on a limited number of bilingual foremen to communicate with those employees. Accordingly, the plaintiff received substantially all of his instructions from Santiago. Scalise also testified that the foremen were directly involved in hiring decisions and that the defendant often relied on the foremen's recommendations in making such decisions. Furthermore, Scalise stated that the defendant traditionally had relied on the foremen to provide proper safety training and guidance to employees. Indeed, Scalise acknowledged that not only is the foreman a "key man" in management, but that during the night shift the foreman is, in fact, management.
I would conclude that Santiago had such substantial control and authority to be deemed the defendant's alter
ego on the night shift on which the plaintiff worked. I would reverse the judgment of the trial court and remand the case for a new trial.
Accordingly, I dissent.
BERDON, J., concurring in part and dissenting in part.
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