Benefield v. MStreet Entertainment, LLC

197 F. Supp. 3d 990, 2016 WL 3568566, 2016 U.S. Dist. LEXIS 86095
CourtDistrict Court, M.D. Tennessee
DecidedJuly 1, 2016
DocketNO. 3:13-cv-1000
StatusPublished
Cited by1 cases

This text of 197 F. Supp. 3d 990 (Benefield v. MStreet Entertainment, LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benefield v. MStreet Entertainment, LLC, 197 F. Supp. 3d 990, 2016 WL 3568566, 2016 U.S. Dist. LEXIS 86095 (M.D. Tenn. 2016).

Opinion

MEMORANDUM OPINION

WAVERLY D. CRENSHAW, JR., UNITED STATES DISTRICT JUDGE

Plaintiff Jessica Benefield brings claims against Defendants Virago, LLC (“Virago”), and MStreet Entertainment, LLC (“MStreet”) (collectively “MStreet”), alleging gender discrimination, hostile work environment, and retaliation under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et seq.) and the Tennessee Human Rights Act (“THRA”) (Tenn. Code Ann. § 4-21-101, et seq.). She brings retaliation claims under the Tennessee Public Protection Act (“TPPA”) (Tenn. Code Ann. § 50-1-304) and Tennessee common law. She also brings a claim against Chris Hyndman for tortious interference with employment under Tennessee common law. Before the Court is MStreet’s motion for summary judgment. (Doc. No. 46.) The primary dispute in this action is whether Benefield was fired for cause or in retaliation for sending an email to MStreet’s Human Relations Director about harassment and gender discrimination. MStreet’s motion is GRANTED as to Benefield’s claims for discrimination and hostile work environment under Title VII and the THRA, her claim for retaliation under the TPPA, and her claim for tortious interference with employment. The motion is DENIED as to Benefield’s claims for retaliation under Title VII, the THRA, and Tennessee common law. The Court finds disputed issues of material fact regarding whether the de-[995]*995cisión to terminate Benefield was “actually motivated” by Benefield’s protected activity or by her job performance deficiencies or insubordination.

I. Factual Background

A. Benefield’s Performance as Executive Chef

In June 2011, Jessica Benefield became Executive Chef at Virago, one of four restaurants owned and operated by MStreet in Nashville, Tennessee. (Doc. No. 65 at 6.) Chris Hyndman opened Virago in 2000 and partnered with investors to form MStreet in 2009. MStreet is the parent company of Virago. Hyndman is 50% owner of MStreet and serves as its Chief Operating Officer. (Doc. No. 65 at 1-2.) MStreet’s Director of Operations is Eric Martino. Martino provides leadership and coaching to all Executive Chefs and General Managers of MStreet, including conducting evaluations, attending meetings for chefs, managers, and directors, and initiating one-on-one coaching conversations to help -managers meet the goals of the business. (Id. at 8.)

Virago hired Benefield in November 2010 to work in the kitchen as an expediter, a position that ensures food quality and consistency. (Doc. No. 65 at 5.) Prior to working at Virago, Benefield had worked in the kitchens of Hyndman’s restaurants off and on since 2007. (Id.) Bene-field enjoyed some successes as a chef. For example, MStreet selected her from among the other chefs to represent it in the Iron Fork Competition, an annual competition organized by the Nashville Scene, an alternative weekly newspaper in Nashville, Tennessee. (Id. at 22.) Benefield won that competition. (Id.) In the spring of 2013, a cooking website selected her to be featured as “chef of the week,” which also garnered recognition for Virago. (Doc. No. 134-1 at 3.)

Despite enjoying some aspects of her work at MStreet, Benefield was uncomfortable with Hyndman’s relationship with women in the workplace, although she does not identify or allege any .untoward conduct by Hyndman to her. Benefield also alleges that Hyndman micromanaged and criticized her work in a way that he did not do to the male Executive Chefs at the other MStreet restaurants. However, she admits that the requests made of her were no different than those made of the other Executive Chefs of MStreet and that Hyndman and Martino had the same oversight and direction over all the Executive Chefs. (Doc. No. 65 at 22-23.) She never made a formal complaint of gender-based discrimination or hostile work environment until June 21,2013, when she sent an email complaining about these issues to Ryan Watkins, MStreet’s Human Relations Director.

MStreet’s directors also had concerns about Benefield. MStreet formally documented its concerns with her behavior once on April 30, 2012 and twice on May 14, 2012. (Doc. No. 49-15 at 49-52.) MStreet did not provide the documentation of these incidents or describe them, but it has provided evidence of the nature of management’s concerns with Benefield’s performance. First, the directors felt that Benefield did not work well with the culture of Virago. For example, they claim that she created an adversarial relationship between the back of the house staff (i.e., staff involved in the production of food) and the front of the house staff (i.e., hosts, servers) by doing things such as terminating the right of front of the house staff to order meals for themselves during a shift, turning off the printer so servers could not send more orders to the kitchen, and generally having a bad attitude and being uncooperative with front of the house staff (Doc. Nos. 134-1; 77-1 at 56; 49-18 at 64-65; 56-6 at 24-261). Benefield [996]*996denies all but the first of these allegations.

Second, MStreet’s directors had concerns about Benefield’s temper. For example, Benefield does not disputé that she engaged in a loud and profanity-laced verbal altercation with the Culinary Director and his wife in front of the restaurant, which caused the Director to recommend her termination. (Doc. No. 65 at 13.) She admits that Hyndman arbitrated the dispute and allowed her to remain in her position. (Id.)

Third, MStreet’s directors had concerns about Benefield’s ability to manage the business side of her duties as Executive Chef. In the first two quarters- of 2013, Virago lost money for the first time in 13 years, while MStreet’s three other restaurants remained highly profitable. (Doc. Nos. 77-1 at 126, 203-04; 50 at 2.) Martino and Hyndman felt that Virago’s profitability was being negatively impacted by an excess of labor and food costs caused by Benefield’s overscheduling of staff, refusal to release staff on slower nights or at the end of the shift, over-ordering and stockpiling inventory, and not using every part of food items in order to reduce waste. (Doe. No. 77-1 at 204-08; 56-9 at 90.)2 Benefield admits that Virago’s problems were discussed among the MStreet directors. (Doc. No. 65 at 10.)

MStreet’s management’s concerns about the decline in Virago’s profitability, culminated in an emergency meeting called by Hyndman on June 18, 2013, which included the MStreet directors and Virago’s management team. (Doc. Nos. 49-11 at 156-61; 77-1 at 75-79.) The purpose of the meeting was to alert the team about Virago’s lack of profitability. (Id.) Hyndman made it clear at the meeting that he would be focusing on Virago to help address its lack of profitability by increasing his presence in the restaurant and actively observing operations. (Id.; Doc. No. 65 at 11.)

B. June 20, 2013 Conflict at Virago

On the evening of June 20, 2013, Hynd-man’s concerns about overstaffing in the back of the restaurant culminated in a dispute at Virago between him and Bene-field. When Hyndman arrived at the restaurant that evening, he felt that, once again, there were too many staff members in the back of the restaurant relative to the level of business. (Doc. No.

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197 F. Supp. 3d 990, 2016 WL 3568566, 2016 U.S. Dist. LEXIS 86095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benefield-v-mstreet-entertainment-llc-tnmd-2016.