Paulu v. Lower Arkansas Valley Council of Governments

Opinion by JUDGE KELLY Plaintiff, Gary Paulu, appeals the trial court's ruling that his employer, defendant Lower Arkansas Valley Council of Governments (LAVCOG), is excepted from the definition of ""employer"" under § 8-4-101(6), C.R.S. 1973. LAVCOG cross-appeals, contending that the trial court erred by accepting extrinsic evidence to interpret Paulu's employment contract. We affirm the judgment and dismiss the cross-appeal. From 1972 to 1975 Paulu was employed by LAVCOG in the position of Planning Director. When his employment was terminated, LAVCOG sent him a letter promising to recognize ""appropriate termination benefits"" but refused his demand for accumulated vacation benefits. Paulu sued for $1,951.20 in vacation benefits, claiming that he was also entitled to the 50% penalty provisions of § 8-4-104(3), C.R.S. 1973, and attorney's fees under § 8-4-114, C.R.S. 1973. The trial court ruled that although Paulu was entitled to the vacation pay pursuant to his employment contract, LAVCOG did not fit the definition of an ""employer"" under § 8-4-101(6), C.R.S. 1973, and thus was not liable for the penalty or the attorney's fees provisions under that article. We agree.