Addis v. Exelon Generation Co., LLC

880 N.E.2d 685, 378 Ill. App. 3d 781, 316 Ill. Dec. 949, 2007 Ill. App. LEXIS 1362
CourtAppellate Court of Illinois
DecidedDecember 26, 2007
Docket1-06-2732
StatusPublished
Cited by17 cases

This text of 880 N.E.2d 685 (Addis v. Exelon Generation Co., LLC) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Addis v. Exelon Generation Co., LLC, 880 N.E.2d 685, 378 Ill. App. 3d 781, 316 Ill. Dec. 949, 2007 Ill. App. LEXIS 1362 (Ill. Ct. App. 2007).

Opinion

JUSTICE KARNEZIS

delivered the opinion of the court:

Plaintiff Heather Addis filed this cause of action seeking damages against defendant Exelon Generation Company (Exelon) for retaliatory discharge. The jury returned a verdict in favor of defendant. Plaintiff appeals contending that the jury’s verdict was contrary to the evidence and that there were numerous evidentiary errors at trial. Defendant cross-appeals contending that the circuit court erroneously denied its posttrial motion for sanctions. For the following reasons, we affirm.

Plaintiff began working at Exelon’s nuclear power station in Dresden, Illinois, in 1997. In September 2002, she received her senior reactor license and became an operations shift supervisor. Her supervisor at that time was David Throne. Throne’s boss was Richard Gadhois, who was the shift operations superintendent, and Gadbois’ boss was Jim Henry, who was director or operations manager. Plaintiff worked in the control room and she supervised numerous employees both inside and outside the control room. She was required to maintain working files and scorecards on the employees she supervised. Working files were used to document feedback that she had verbally given to employees. Plaintiff was expected to complete a weekly entry for each employee. Scorecards contained checklists that assessed an employee’s specific work function. Plaintiff was expected to complete four scorecards a month.

Plaintiff met with Throne in November 2002. Throne informed plaintiff that her working files were not up to date and he subsequently sent her an e-mail reminding her to work on her scorecards.

Plaintiff’s performance review for the time period between September 2002 and December 2002, written by Throne, indicated that she was “error free.” It noted that her working files had improved in level of detail and quality. She received a “D” rating, which meant that she needed development. Based on this performance review, plaintiff received an annual pay raise and bonus.

At the beginning of 2003, plaintiff and Throne developed an “Individualized Development Plan,” with goals of building relationships and “developing others.” In February 2003, Throne indicated to plaintiff that she needed to continue to work on working files and to provide critical feedback on her reports to improve her employees’ performances. His evaluation noted “goals not met.”

In March 2003, Throne was no longer employed at Exelon and Glen Morrow became plaintiffs supervisor. According to plaintiff, at about that same time, she began to notice a “shift” in management’s philosophy regarding safety and administrative duties. She believed that this shift resulted in management’s lack of focus on safety, thereby endangering the operations of the plant. One example of this lack of focus on safety was a new policy regarding working files that required an 80/20 percentage ratio of positive to negative comments. Meeting this requirement affected whether plaintiff would receive an annual bonus.

In June 2003, plaintiff had a mid-year review with Morrow. The review indicated that plaintiff needed to work on her critical coaching of individuals to change undesirable behaviors and noted that she “does not want to rock the boat.”

On September 28, 2003, plaintiff met with Morrow. He discussed her performance, noting areas where she was not performing to satisfaction, and he had negative comments about her performance. Morrow told plaintiff that her “number one” job was to “develop others.” Plaintiff disagreed with Morrow, telling him that her job was to operate the plant safely. As plaintiff left, she told Morrow that she would hand in her resignation the next day.

On September 29, plaintiff handed in a resignation letter. Specifically the letter stated:

“This letter is to inform you of my intent to resign from Exelon— Dresden Station effective October 10, 2003. If you have any questions, I can be reached at ***.”

Morrow sent plaintiff an e-mail stating that he would forward her letter to Jim Henry. No other communication between plaintiff and Exelon’s management occurred until October 10.

Meanwhile, on October 1, plaintiff went to Exelon’s employee concern’s program and reported her concerns that operations management was not focused on safety and that they were creating a “chilled” environment where employees could not raise concerns without fear of receiving negative comments in their working files. She requested that her concerns remain confidential. Plaintiff submitted a concern disclosure statement where she gave specific examples of the problems she was having with operations management. Employee concerns investigator Bob Speek notified several individuals of plaintiff’s concerns, including individuals within the employee concerns department, Exelon’s legal counsel (Tom O’Neill) and Jim Henry. Although Speek did not mention plaintiffs name to Henry, Henry guessed that it was most likely plaintiff.

On October 2, plaintiff handed in a letter rescinding her resignation. Specifically, the letter stated:

“This letter is to inform you that I am rescinding my resignation dated September 29, 2003. I submitted my resignation in error. I enjoy working at Exelon and look forward to a long and fulfilling career here.”

Exelon’s management had discussions about plaintiffs employment and two conference calls occurred on October 2 and 7. Tom O’Neill’s notes from the October 7 conference call stated:

“Danny (Bost 1 ): She’s a performance problem, based on her refusal to do [administrative] work.
If she had not filed allegation would we take her back? Danny not sure.
Will get back.”

On October 10, plaintiff met with Richard Gadbois and a human resources representative. Gadbois told plaintiff that she was being “terminated” because she failed to support management’s initiatives and refused to comply with the working file requirements for documenting performance.

At trial, plaintiff denied resigning and referred to her resignation letter as a letter of intent to resign. On cross-examination, however, she admitted that on September 29, she started “networking” with her friend, David Stobaugh, which meant that she took steps to find a new job. Plaintiff sent several e-mails to Stobaugh that day, one of them specifically stating that she “turned in [her] resignation today” and that “October 10 will be [her] last day.” When Stobaugh replied asking plaintiff why she was leaving, she replied that, “[w]hen the BS is heavier than the paycheck... time to go.”

The jury returned a verdict in favor of defendant. Subsequently, plaintiff filed a motion for judgment notwithstanding the verdict and for a new trial. She alleged that the circuit court should set aside the jury’s verdict because it was contrary to the evidence. She further alleged that the numerous evidentiary errors that occurred at trial warranted a new trial.

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Bluebook (online)
880 N.E.2d 685, 378 Ill. App. 3d 781, 316 Ill. Dec. 949, 2007 Ill. App. LEXIS 1362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/addis-v-exelon-generation-co-llc-illappct-2007.