Andren v. General Fiberglass Supply, Inc.

980 F. Supp. 975, 1997 U.S. Dist. LEXIS 16051, 1997 WL 641046
CourtDistrict Court, E.D. Wisconsin
DecidedOctober 9, 1997
DocketNo. CIV. A. 96-C-1012
StatusPublished

This text of 980 F. Supp. 975 (Andren v. General Fiberglass Supply, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andren v. General Fiberglass Supply, Inc., 980 F. Supp. 975, 1997 U.S. Dist. LEXIS 16051, 1997 WL 641046 (E.D. Wis. 1997).

Opinion

DECISION AND ORDER DENYING IN PART AND GRANTING IN PART THE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

REYNOLDS, District Judge.

Plaintiff Anton J. Andren (“Andren”) was formerly employed by defendant General Fiberglass Supply, Inc. (“GFS”), as a sales representative. Defendants Larry Moore (“Moore”) and Jeffery Held (“Held”) are officers of GFS. Following his termination by GFS, Andren sued GFS for age discrimination under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., and sued Moore and Held (collectively “individual defendants”) for tortious inference with a business relationship.

Before the court is the defendants’ motion for summary judgment on all claims. Because Andren has submitted sufficient facts to create a jury question of whether GFS’s explanations for his termination are pretextual for age discrimination, the motion is denied as to this claim. However, because Held and Moore were acting in the perceived interests of GFS in causing Andren’s termination, and because state equal employment law provides the exclusive state remedy for discrimination, Held and Moore are entitled to summary judgment on the tortious interference claim and are dismissed from the case.

SUMMARY JUDGMENT STANDARD

The court must grant a motion for summary judgment if the pleadings, depositions, answers to interrogatories, admissions, and affidavits “show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The party moving for summary judgment has the initial burden of asserting the absence of any dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). Material facts are those facts which, under the governing substantive law, “might affect the outcome of the suit.” Anderson v. Liberty Lobby Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986).

To avoid summary judgment, however, the nonmoving party “must set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e). Even if some facts are in dispute, entry of summary judgment is in order if the movant either establishes uncontroverted facts entitling it to summary judgment or demonstrates that the nonmoving party has failed to make a sufficient showing on an essential element of its case with respect to which it will bear the burden of proof at trial. Celotex, 477 U.S. at 322-23, 106 S.Ct. at 2552-53.

To determine whether material facts are disputed so as to preclude the entry of summary judgment, the court relies on the parties’ proposed findings of fact. See generally Local Rule 6.05 (E.D.Wis.). The moving party must submit detailed factual propositions in accordance with Local Rule 6.05(a). The nonmoving party, must specifically respond to movant’s proposed findings; if findings are disputed, evidentiary support for the dispute must be cited. Local Rule 6.05(b)(1). [977]*977A responding party may also submit additional factual propositions. Local Rule 6.05(b)(2). When there is no objection to proposed findings of fact, the court accepts them as true. Local Rule 6.05(d).

At its core, this is the stage of the litigation in which the parties are required to demonstrate that they have sufficient relevant evidence to offer to allow a jury to apply the law and find in their favor. Finally, it should be noted that, in the context of an employment discrimination case, it is important to employ the summary judgment standard with renewed rigor due to the unique importance of the issues of credibility and intent. Courtney v. Biosound, 42 F.3d 414, 419 (7th Cir.1994).

FACTUAL BACKGROUND

Andren, an Illinois resident, was born on June 29, 1934. Defendants Moore and Held (collectively “individual defendants”) own all of GFS’s outstanding shares of stock and hold positions as officers with the corporation. GFS distributes equipment and supplies used by the fiberglass-reinforced plastic and cultured marble industries. GFS employed Andren from 1976 until December 1, 1995, as a sales representative.

While GFS claims a long history of concern with Andren’s job-performance, Andren claims that the first inkling he received of problems with his work was on December 1, 1995, when he was terminated. The individual defendants personally made the decision to terminate Andren’s employment. In skirmishing over the cause of Andren’s termination, the parties have submitted detailed facts and figures. For the purpose of this suit, they can be distilled into a basic dispute. GFS claims that this decision was based on sales records, input by Andren’s direct supervisors, input by several of GFS suppliers and customers, and a 1994 market survey of Andren’s sales area. These bases are fleshed out in detailed assertions of Andren’s failings and GFS’s documentation thereof going back as far as 1990.

In seriatim, Andren attacks these alleged bases of his termination as either untruths, irrelevaneies, or facts manufactured post-hoc to justify the termination. Further, Andren claims that fluctuations in his performance were the result of GFS’s decisions with regard to pricing, defining sales areas, and product handling. The disputes over supervisor, customer, and supplier input regarding Andren’s performance amount to a swearing contest. This contest is complicated by evidentiary concerns such as hearsay and, more importantly, by the need to measure the relevance of events that may have taken place years before Andren’s termination.

In addition to Andren’s attack on GFS’s appraisal of his skills, Andren disputes many of the facts that GFS claims make up a long history of evaluating and critiquing Andren prior to its terminating him on December 1, 1995. Where GFS asserts that many events that occurred in the employment relation between 1990 and 1995 came to pass because of Andren’s alleged deficiencies—deficiencies it claims Andren was made aware of—Andren claims that he was given entirely different explanations at the time the events took place. Andren’s supervisors testify to a series of meetings with Andren over the years in which they communicated with Andren about his deficiencies. Andren either disputes these meetings took place or disputes that the subject matter of these meetings included any criticisms of his performance. Andren has notes in which he documented the content of some of these meetings.

The record is further muddied by an underwhelming paper trail of GFS’s alleged evaluations and criticisms. The few employee evaluations in evidence do not alone support the long-term failings GFS attributes to Andren. The documentation that does exist is rendered ambiguous by the parties’ explanations. For example, Andren’s pay was reduced in 1991. GFS claims this pay cut was a result of poor performance.

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Bluebook (online)
980 F. Supp. 975, 1997 U.S. Dist. LEXIS 16051, 1997 WL 641046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andren-v-general-fiberglass-supply-inc-wied-1997.