Alexander v. Carolina Fire Control Inc.

112 F. Supp. 3d 340, 2015 U.S. Dist. LEXIS 78999, 2015 WL 3791443
CourtDistrict Court, M.D. North Carolina
DecidedJune 18, 2015
DocketNo. 1:14CV74
StatusPublished
Cited by4 cases

This text of 112 F. Supp. 3d 340 (Alexander v. Carolina Fire Control Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Carolina Fire Control Inc., 112 F. Supp. 3d 340, 2015 U.S. Dist. LEXIS 78999, 2015 WL 3791443 (M.D.N.C. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

BEATY, District Judge.

This matter is before the Court on Defendant Carolina Fire Control, Inc.’s (“Defendant” or “CFC”) Motion for Summary Judgment [Doc. #24] on Plaintiff Mandi Marie Alexander’s (“Plaintiff’ or “Alexander”) claims of Family Medical Leave Act (“FMLA”) interference, Title VII sex discrimination, and North Carolina state wrongful discharge. Plaintiff opposed Defendant’s Motion in a Response [Doc.# 30] filed April 2, 2015. Defendant in turn filed a Reply on April 20, 2015, As discussed below, this Court will grant in, part and deny in part Defendant’s Motion for Summary Judgment [Doc. # 24].

I. FACTUAL AND PROCEDURAL BACKGROUND.

Defendant is a fire sprinkler installer company owned by brothers Jeffery and John Sossoman. Plaintiff first ’ began working for Defendant in April 2007 as an assistant project manager. In October of 2007, Plaintiff was promoted to a project manager position. Plaintiff continued working in this role until January of 2009, [343]*343when she was terminated for insubordination. While Plaintiff, contends that she was not insubordinate, Defendant asserts that Plaintiff refused to communicate with her direct supervisor, Jack McDowell, the General Manager at the time. Plaintiff does not dispute that she received warnings that she needed to communicate and be courteous to McDowell and others within the company. According to Defendant, Plaintiff once “flipped the bird” .at Jack McDowell when his back was turned to her, although Plaintiff denies ever doing so. Although apparently not a reason for her 2009 termination, Defendant highlights in its current briefings that Plaintiff was convicted of a- DWI in 2007 which resulted in her driver’s license being revoked. She received the DWI charge while driving a company car, after causing several thousand dollars of damage to the car. Plaintiff also -has other traffic violations from the period of time during which she worked for Defendant, including a citation for driving with a revoked license sometime in 2009 or 2010.-

Defendant rehirfed Plaintiff later on in 2009. The Parties, however, appear to dispute the circumstances that led- to Plaintiff’s rehiririg. Plaintiff asserts that Defendant reached' out to her about grooming her to take over Defendant’s Virginia office, while Defendant contends that Plaintiff contacted Jeffery Sossoman and asked fór her old job back. When Plaintiff did return, it is undisputed that she initially worked as an" independent contractor, and riot a direct employee of the company. In May of 2009, Plaintiff again became a" full-time employee of Defendant, resuming her role as project manager. As she again bégan working as a direct employee of Defendant, Jeffery Sos-soman informed Plaintiff that she needed to improve her- communication issues with General Manager Jack McDowell.

The working relationship between Plaintiff and Defendant continued without apparent incident until 2012. In the first few days of August of 2012, Plaintiff’s son Was diagnosed with- cancer. Soon after receiving the news, Plaintiff went to ¡Jeffery Sossoman in his office to tell him about-her son’s cancer diagnosis. Jeffery Sossoman responded in a “heartfelt” manner,- giving Plaintiff a hug and telling Plaintiff that Defendant “would support [her] and to go take care of [her]- son-and to get'in touch' with [Jeffery] to let him know what was going on.” (Alexander Dep. [Doc. # 24 — 1], at 129:12-19:) Jeffery and Plaintiff 'exchanged texts and phone calls over the next few days as Plaintiff took her son to doctor appointments and begari’ learning about her son’s course of treatment. Jeffery continued to express his and CFC’s support and well-wish'es for Plaintiff and her family.

On approximately August 8, 2012, Defendant mailed Plaintiff a packet of information about leave .options under the Family Medical Leave Act (“FMLA”). Plaintiff received and reviewed the information in the .packet, “but did not read through it specifically to -really absorb it.” (Id. at 137:22-23.). Around the same time that Plaintiff, received the packet, and within approximately two weeks1 of Plain: tiff’s son being diagnosed with cancer,Plaintiff met with Jeffery and John Sosso-man in John’s office to discuss her employment possibilities during Plaintiffs son’s cancer treatment. The conversation began with the Sossomans inquiring about Plaintiff’s son and expressing their sympathy. Eventually the conversation turned to work expectations for Plaintiff - during this time, and as Plaintiff explained in her [344]*344deposition, the Sossomans “said there was no reason that I needed to fill out the [FMLA] paperwork, that we could come up with a plan outside of that, outside of the FMLA to work for everybody to where I could continue working and also receive my full salary.” (Id., at 141:1-5.)

Defendant contends that the Sossomans encouraged Plaintiff to take FMLA leave, but Plaintiff tearfully -replied that she could not afford to take unpaid leave. Plaintiff, on the other, hand, asserts that she never made any such statement, and that at that point in time, she was financially secure enough between savings and her parents’ assistance that she did not' need her normal, salary. Further, Plaintiff contends that the Sossomans discouraged her from taking FMLA leave by instead developing a “plan” for her to continue working however much she could while still drawing her normal salary. While the Parties present different versions of this meeting, it is undisputed that this meeting occurred and during the course of the meeting, Plaintiff and the Sossomans agreed to a work situation whereby Plaintiff would continue to receive her full salary and benefits while doing whatever amount of work she was capable of during the period of her son’s cancer treatment. As Plaintiff explained, “[t]he discussion was that I would work remotely as much as I could— Jeff and Johnny would have a laptop set up for me to where I could access the company server and emails and things of that manner.- I would also continue to use my company cell phone.” (Id. at 145:12-18.) After this meeting, Plaintiff never requested FMLA leave nor inquired further about her FMLA options, and she instead “trusted that the plan that was put in place between [herjself, Jeff and Johnny ... was going to be sufficient to where it wouldn’t .result in [Plaintiff] losing.[her] job for lack of communication that should have been protected by FMLA.” (Id. at 144:23-145:3.)

There were few set expectations for Plaintiffs work under this arrangement. The Sossomans and Plaintiff did not establish how many hours per week Plaintiff was expected to work: “[T]here was no magic number that was set into place.- It was basically you put in what you can, and we will go from there.” (Id. at 148:13-15.) Plaintiffs remote work arrangement began on August 17, 2012, when Plaintiff picked up a laptop from Defendant’s office.' During the period from her son’s- diagnosis on approximately August'!, 2012, up until August 17, 2012, Plaintiff worked a total of five or ten hours, but continued to receive her full salary and benefits. From August 17, 2012, until approximately January 7, 2013, Plaintiff worked remotely on a part-time basis, working approximately five to twenty-five hours per week.

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Cite This Page — Counsel Stack

Bluebook (online)
112 F. Supp. 3d 340, 2015 U.S. Dist. LEXIS 78999, 2015 WL 3791443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-carolina-fire-control-inc-ncmd-2015.