Bibichev v. Triad International Maintenance Corp.

951 F. Supp. 2d 839, 2013 WL 2947084, 2013 U.S. Dist. LEXIS 83849
CourtDistrict Court, M.D. North Carolina
DecidedJune 14, 2013
DocketNo. 1:12cv129
StatusPublished
Cited by1 cases

This text of 951 F. Supp. 2d 839 (Bibichev v. Triad International Maintenance Corp.) 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
Bibichev v. Triad International Maintenance Corp., 951 F. Supp. 2d 839, 2013 WL 2947084, 2013 U.S. Dist. LEXIS 83849 (M.D.N.C. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

THOMAS D. SCHROEDER, District Judge.

This employment action is before the court on Defendant’s1 motion for summary judgment. (Doc. '24.) Plaintiff has responded (Doc. 36), and Defendant has replied (Doc. 38). For the reasons set forth below, the motion will be granted and the case dismissed.

1. BACKGROUND

The facts, construed in the light most favorable to Plaintiff as the non-moving party, show the following:

Plaintiff Denis Bibichev (“Bibichev”) was born to ethnic Russian parents in what is now Uzbekistan in the former Soviet Union. He considers himself an ethnic Russian and ethnic Slav (an historic term including ethnic Russians). His parents brought hiña to the United States in 1995 when he was 14 years old. Although his first language was Russian, he attended high school, learned English and, in 2001, became a United States citizen. (Doc. 25-1 (“Plaintiff Dep.”) at 16-19.2)

[841]*841Defendant Triad International Maintenance Corporation (“TIMCO”)3 first hired Bibichev as an aircraft mechanic in 2005.-(Plaintiff Dep. at 20-27.) He worked for TIMCO until 2006, when he left to work for another company. (Id. at 31.) In March 2008, Bibichev applied for and was offered positions -by both TIMCO and PACE Airlines. . He took the position with PACE but was laid off in December 2008 when it faced financial difficulties. In early 2010, Bibichev obtained employment with Storm Aviation to work for it under the supervision of TIMCO team leaders and management. (Id. at 35-39, 43-46.) In June or July 2010, Storm Aviation informed Plaintiff that TIMCO no longer needed his .services, and he was laid off. (Id. at 49-52.)

Bibichev claims that during his work for Storm Aviation he overheard TIMCO employee and fellow team member Nathaniel (Nate) Flippin (“Flippin”) say the following to others: “crazy Russian,” “lazy Russian,” and “crazy Russian conspiracy theorist.” (Id. at 58-62.) Flippin also allegedly said, “Denis, that crazy Russian.” (Id. at 62-63.) Plaintiff was the only ethnic Russian on the team. (Id. at 62.) During this time, Bibichev never complained about Flippin’s comments or witnessed any hostile behavior or derogatory comments.by Flippin toward him personally. (Id. at 57-61, 81.)

On September 27, 2010, TIMCO hired Bibichev as an employee. It provided Bibiehev a copy of its employee handbook and new-hire probationary policy. (Id. at 92-93, 97, 100-101, 233-35.) After initial assignments, shortly after December 25, 2010, TIMCO assigned Bibichev to a newly-formed team lead by Flippin, where Bibichev was the only ethnic Russian. (Id. at 120-23, 206.)

On January 12, 2011, Flippin informed Bibichev that his work performance was below expectations and provided guidance on what was needed to improve. (Id. at 140-41; Doc. 25-4, Flippin Dep. at 39-41.) Bibichev resolved to “work harder,” although he denied that improvement was needed. At deposition, he could not identify any action he took to improve performance other than to “work harder.” (Plaintiff Dep. at 151-57, 248-49.)

Flippin says that he continued to be dissatisfied by Bibichev’s performance after the January 12, 2011 meeting and brought his concerns to TIMCO Human Resources Manager Clarissa Carl (“Carl”), who informed him that he could extend Bibichev’s 90-day new-hire probationary period (beyond the December 27, 2010 expiration). (Flippin Dep. at 41-43.) On January 18, 2011, Flippin and his manager, Robert Nelson (“Nelson”), met with Bibichev to discuss their concerns about his allegedly non-improving performance (including assertions that he was performing unassigned tasks and was a slow worker) and informed him that his newdiire probationary period was being extended 60 days. (Plaintiff Dep. at 159-60.) Bibichev disagreed that his performance' needed improvement. (Id. at 160-64; Doc. 37-3, Plaintiff Dep. Ex. 5.) He persisted in his view that he had done nothing wrong and noted that he had never been written up or had any problem with a supervisor during any prior time with TIMCO. (Plaintiff Dep. at 160-64, 232, 234-35, 247-49.)

[842]*842The day after the January 18, 2011 meeting, Bibichev met with Randy Crews (“Crews”), a TIMCO employee formerly assigned as his supervisor, to review a prior written performance evaluation.4 The evaluation was dated December 10, 2010, and therefore covered just over the first two months of Bibichev’s employment.5 (Doc. 37-4, Plaintiff Dep. Ex. 6.) Crews told Bibichev that the evaluation covered work from the day he started at TIMCO and was based on information from Scott Sass (who had replaced Crews as supervisor of the team prior to the December 2010 assignment to Flippin’s team) and others. According to Bibichev, Crews told him he was a good employee and that others were saying good things about him. (Plaintiff Dep. at 167-69.) The evaluation gave Bibichev a score of 5 on a scale of 1 to 10 — the lowest score for “meets requirements” (with scores of 3 and 4 being “below expectations” and 1 and 2 being “unacceptable”). Of each of the fourteen specific criteria considered, Bibichev consistently scored a 5. (See Doc. 37-4, Plaintiff Dep. Ex. 6.) Consequently, the evaluation stated that “performance results consistently meet job requirements.”

After the January 18, 2011 meeting, Flippin continued to be dissatisfied with Bibichev’s performance (Flippin Dep. at 46-49), and Bibichev continued to disagree with that assessment (Plaintiff Dep. at 271-72). At unspecified times during this period (January 2011), Bibichev again overheard (but did not see) Flippin “joking about me, you know, ‘Russian, crazy conspiracies[’]; ‘lazy — lazy Russian’; you know, ‘crazy Russian.’” Flippin did not make these comments to Bibichev. (Id. at 195-96, 204-09.)

On February '9, 2011, while working on an aircraft, Bibichev used his flashlight to check the anti-ice ducts located behind access panels in the wings. At the end of the shift, he could not locate the flashlight but clocked out and headed out even though company policy required that the loss of a tool be reported because it could pose a safety concern. (Id. at 130-31.) Bibichev says he reported the missing flashlight “right away” to Flippin6 (id. at 130), although admittedly after he (Bibichev) had left his shift. Bibichev later returned to work (according to Bibichev, shortly thereafter (id. at 131); according to TIMCO, roughly an hour later (Flippin Dep. at 48)) and told Flippin, “Listen, I want to double-check, making sure I did not forget that flashlight at one of the compartments, because this is a dangerous situation.” (Plaintiff Dep. at 131.) Bibichev offered to look on his own time. (Id.) The aircraft had to be partially disassembled, but the flashlight was never found. (Id.; Flippin Dep. at 48-49.)

The next day, TIMCO terminated Bibichev. (Plaintiff Dep. at 132.) TIMCO’s February 10, 2011 “Record of Written Warning, Reprimand, or Discharge” stated the reason as “Unsatisfactory Probation.” In a separate section, it provided: “Termination due too [sic] unsatisfactory probation due too [sic] poor work performance. Individual[’]s probation was extended 60 days on 12-27-2010 thru 02-25-201[1]. [843]

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Bluebook (online)
951 F. Supp. 2d 839, 2013 WL 2947084, 2013 U.S. Dist. LEXIS 83849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bibichev-v-triad-international-maintenance-corp-ncmd-2013.