Anderson v. Hunter, Keith, Marshall & Co.

401 N.W.2d 75
CourtCourt of Appeals of Minnesota
DecidedApril 29, 1987
DocketC1-86-1039, C8-86-1619
StatusPublished
Cited by13 cases

This text of 401 N.W.2d 75 (Anderson v. Hunter, Keith, Marshall & Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Hunter, Keith, Marshall & Co., 401 N.W.2d 75 (Mich. Ct. App. 1987).

Opinions

OPINION

WOZNIAK, Judge.

This appeal involves a discriminatory discharge claim brought by LaVonne [77]*77Anderson against her former employer, Hunter, Keith, Marshall & Co. (HKM). HKM appeals from the order denying its motion for a new trial, an order which let stand a $60,000 award to Anderson for damages she suffered when HKM discharged her for reasons related to her pregnancy, a violation of Minnesota’s Human Rights Act, Minn.Stat. § 363.03, subd. l(2)(b), (c), and subd. 1(5) (1982). HKM also appeals from the court’s award of nearly $60,000 to Anderson’s attorneys for their fees in prosecuting this action. HKM raises several issues on appeal. Anderson filed a notice of review, seeking review of her damage award. We affirm.

FACTS

HKM is a small investment banking firm which was founded in 1975 by Andrew Hunter and Robert Keith. In November 1978, they hired LaVonne Anderson for a secretarial position. Before coming to HKM, Anderson had been a legal secretary for six years in a large Minneapolis law firm. When Anderson interviewed for the position, Keith asked her if she was married and if she planned to have children. He wanted to know whether Anderson was going to stay in the area, whether her husband was going to work here, and whether Anderson would be able to continue to work. Anderson told him she had no immediate plans to have a family.

Anderson served as a secretary to both Hunter and Keith and was responsible for typing, filing, invoicing, making travel arrangements, and answering phones. Anderson performed her duties effectively during 1979 and 1980. At her year-end performance review in December 1979, Anderson received a 10% salary increase and a $1,000 bonus. In December 1980, Anderson again received a 10% salary increase and a $1,000 bonus, even though Keith criticized her for not organizing a filing system.

In 1981, HKM experienced a four-fold increase in its business transactions. HKM hired another investment banker in late 1981, and Anderson also served as his secretary. At her performance review in December 1981, Anderson testified she was criticized for not keeping a better filing system. She also said Keith commented that her attitude was different and that it was no longer fun in the office. Keith testified that during the review he covered several areas where Anderson needed improvement, including her typing, filing, invoicing, travel arrangements, and her attitude. Keith said these deficiencies were first discussed with Anderson at a mid-year review in June or July of 1981. Keith and Hunter suggested Anderson use a typing service or get a word processing system installed to ease the workload. Anderson, however, denied she met with Keith or Hunter at that time to discuss her performance.

Despite their criticisms, Hunter and Keith again awarded Anderson a 10% salary increase and a $1,000 bonus. Hunter testified that he wanted to fire Anderson at the end of 1981, but that Keith persuaded him that they should keep her because she was experiencing some financial difficulty at the time because her husband was unemployed. Keith testified that they gave Anderson $1,000 to keep her from becoming more hostile toward them and to help her in her financial difficulty.

After her 1981 performance review, Anderson met again with Hunter and Keith on January 6, 1982, to present them with a job description she had prepared. She submitted the description to support her request for a larger bonus. Keith and Hunter denied her request, testifying that they again pointed out her shortcomings. After the January 6 meeting, Keith said that Anderson lost all interest in her job. Anderson testified, however, that after the meeting she worked harder because business was so brisk. Another employee testified that after Anderson’s performance review, Anderson became abrupt, seemed unhappy, and did only what was necessary.

During the week of February 8, 1982, Hunter, Keith, and Marshall held a board of directors’ meeting in the living room of a condominium in Steamboat Springs, Colorado. At the meeting, a decision was allegedly made to fire Anderson before the end [78]*78of February. No reference to this decision appears in the minutes, however, and neither Hunter nor Keith fired Anderson when they returned from their Colorado meeting.

In late February or early March, Anderson told Hunter and Keith that she was pregnant. Anderson told them she planned to take a two- to three-month leave of absence and then return to work. Keith responded that it would be inconvenient to have Anderson out of the office for that amount of time. Keith also told another employee that Anderson’s maternity leave would inconvenience the office. HKM had no written policy regarding leaves of absence.

Anderson testified that Keith told her to find a temporary replacement, and Anderson referred Nancy Whaylen to him. Whaylan testified that Keith told her that HKM wanted to permanently replace Anderson because of problems employers have with mothers who decide not to return to work from their leaves of absence, which then presents a problem for employers to find competent replacements on short notice. Keith denied making this statement and testified that he told Whaylen he needed a permanent replacement because Anderson was choosing not to return to work.

Despite their alleged decision to fire Anderson, Hunter and Keith decided to let her stay until the time she took her maternity leave and tell her then she was being fired. To spare her feelings, Hunter and Keith devised a story to tell outsiders that Anderson wanted to stay home to care for her family. This story was devised without regard to what Anderson wanted to do. Keith said nothing to Anderson about this plan because, as he testified, he thought her hostility would increase to an unbearable level.

On May 24,1982, Hunter and Keith interviewed Darlene McNalley as a possible replacement for Anderson. They interviewed her away from their offices so Anderson would not know they were seeking a permanent replacement. They offered McNal-ley a permanent position to begin when Anderson left later that summer. On June 16, 1982, Keith told Anderson she was being fired because her performance had not improved. The termination, however, would not take effect until Anderson left later that summer. Anderson testified that Keith told her he was replacing her because HKM wanted to protect itself in the event she decided not to return to work after her leave. Anderson said she asked to return but was told she could not.

On July 27, 1982, Anderson’s doctor ordered her to stop working because working might jeopardize her pregnancy. She left HKM’s employ that day and gave birth to twins on August 26, 1982, approximately one month prematurely. Darlene McNal-ley began working as soon as Anderson left. She testified that the office was in chaos when she started work.

On October 11, 1982, Anderson’s doctor gave her permission to return to work, and she began looking for a new job. She prepared a resume and obtained two letters of reference from her former employers at the law firm where she worked before joining HKM. She registered with an employment agency and contacted the Hennepin County Bar Association Placement Service (HCBAPS). She also responded to employment advertisements in the newspapers.

Anderson was unable to find a position paying a salary comparable to what she was receiving at HKM. Anderson was earning approximately $20,000 per year when she was fired.

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Anderson v. Hunter, Keith, Marshall & Co.
401 N.W.2d 75 (Court of Appeals of Minnesota, 1987)

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401 N.W.2d 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-hunter-keith-marshall-co-minnctapp-1987.