Branson v. Harrah's Tunica Corp.

832 F. Supp. 2d 929, 2011 U.S. Dist. LEXIS 59977, 112 Fair Empl. Prac. Cas. (BNA) 709, 2011 WL 2175186
CourtDistrict Court, W.D. Tennessee
DecidedJune 3, 2011
DocketNo. 2:08-cv-02804
StatusPublished

This text of 832 F. Supp. 2d 929 (Branson v. Harrah's Tunica Corp.) is published on Counsel Stack Legal Research, covering District Court, W.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Branson v. Harrah's Tunica Corp., 832 F. Supp. 2d 929, 2011 U.S. Dist. LEXIS 59977, 112 Fair Empl. Prac. Cas. (BNA) 709, 2011 WL 2175186 (W.D. Tenn. 2011).

Opinion

MEMORANDUM OPINION AND ORDER

BERNICE B. DONALD, District Judge.

This matter came before the Court for a non-jury trial, which was held December 20-21, 2010. Plaintiff John Branson (“Plaintiff”) brought claims of sex discrimination under Title VII of the 1964 Civil Rights Act, 42 U.S.C. §§ 2000e et seq. (“Title VII”), and age discrimination under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. (“ADEA”), against Defendants Harrah’s Entertainment, Inc. (“HET”) and Harrah’s Operating Company, Inc. (“HOC”) (collectively “Defendants”).1 After considering the testimony of the witnesses, weighing the credibility of those witnesses, considering the exhibits, the applicable case law and Rules, and the parties’ proposed findings and conclusions, the Court makes the following findings of fact and conclusions of law.

I. FINDINGS OF FACT

Plaintiff began working in the casino industry in Nevada in the 1970s. He worked at casinos in Biloxi and Vicksburg, Mississippi, before commencing work as a pit manager at the Grand Casino (“the Grand”) in Robinsonville, Mississippi, in June 1996.2 Plaintiff worked at the Grand until March 16, 2007, when he resigned in lieu of being terminated. During his employ at the Grand, Plaintiff received a promotion every few years, first from pit manager to relief manager, then to assistant shift manager, and finally to table games shift manager in 2005. As a table games shift manager, Plaintiff supervised up to 100 employees. Prior to the events that resulted in his resignation, Plaintiff had never been disciplined at the Grand and had received above-average evaluations and annual pay raises.3

The parties dispute whether Defendants were Plaintiffs employers when he worked [932]*932at the Grand. Plaintiff testified that BL Development (“BLD”) owned the Grand in 1996 but that he was advised by letter in 2006 that HET and HOC had acquired Caesar’s Entertainment, Inc. (“Caesar’s”), Caesar’s subsidiary Grand Casino’s, Inc. (“GCI”), and GCI’s subsidiary BLD, which directly owned the Grand. Plaintiff testified that he had no farther contact with BLD after being notified that HET and HOC had acquired the Grand. Plaintiff received an HOC employee handbook, and his 2006 and 2007 W-2s, which were admitted into evidence, list HOC as his employer.

Linkedln is a professional networking website. The Linkedln profile pages of Darrell Pilant, the Grand’s Vice President of Operations, and Tammy Young, the Human Resources Manager, were introduced into evidence. Both Pilant and Young’s profile pages list “Harrah’s Entertainment” as their employer. Although Young testified that the employees at the Grand worked for “the property,” she admitted on cross-examination that “HOC” is listed on the Grand’s W-2 forms and its employee handbook. Further, Pilant testified that “Harrah’s” oversaw all of the properties where he had worked.4

In March 2007, the Grand employed three table games shift managers, Plaintiff, Rob Keene, and Denise Alford, each of whom reported directly to Pilant. Each of these managers was assigned an individual computer log-in, password, and Windows account. On March 8, 2007, Plaintiff sat down to use a shared, work computer when he noticed an email from Alford to Pilant. Alford had apparently failed to log out of her email account, and the email appeared on the screen when Plaintiff touched the mouse. The email stated that Plaintiff and Keene were speaking in front of Mitch Pate, a pit manager, about the performance of one of Plaintiff and Keene’s subordinates. Plaintiff became angry because, as he maintained at trial, this statement was untrue.5 Approximately two hours into his shift, Plaintiff forwarded a copy of Alford’s email first to his business email account and then to his personal email account so that he could access the email from home.

Alford notified Pilant that Plaintiff had forwarded the email, and Pilant asked Alford to print the email for him, which she did. Pilant subsequently asked the IT Department to investigate the matter and give him access to Plaintiffs business email account, which it did. On March 15, 2007, Pilant and Plaintiff met in private for approximately ten minutes, and, when asked, Plaintiff admitted to forwarding the email to his personal account. Pilant responded that Plaintiff had violated several policies and the trust that Pilant had placed in him. Pilant told Plaintiff that he would think about what to do and get back with him. Pilant admitted at trial, however, that he had made up his mind at that point to give Plaintiff the option of resigning effective immediately or being terminated.

Later that same day, Plaintiff wrote Pilant an email explaining that Alford’s email [933]*933had upset him because it contained untrue statements. Plaintiffs email then states, “It was a mistake on my part to forward something from her e-mail to mine rather than just logging out and discussing it with her and you.” On March 16, 2007, Pilant and Plaintiff met again in private. Pilant reiterated that Plaintiffs forwarding of the email violated company policies and the trust that Pilant had placed in him. Plaintiff resigned in lieu of being terminated on March 16, 2007. His termination report states that he resigned by mutual agreement and designates him “eligible for rehire.”

Pilant testified that this action was taken because of Plaintiffs unauthorized use of the Grand’s computer system and because he could not trust Plaintiff after this incident. Pilant acknowledged that Plaintiff had otherwise been a good and loyal employee and was qualified to be a table games shift manager. He further testified that he offered Plaintiff the option of resigning and designated him “eligible for rehire” so that it would be easier for Plaintiff to find subsequent employment. Young approved Plaintiffs resignation but did not converse with Plaintiff or Pilant regarding the circumstances surrounding Plaintiffs resignation. She testified that when an employee commits a serious infraction, his or her termination report shows that the employee is not eligible for rehire. Both Pilant and Young testified that they did not know or care about Plaintiffs age.

Plaintiff claims that he was forced to resign because of his age. At the time of his resignation, Plaintiff was fifty-eight years old. He was replaced by Pate, who was in his mid-thirties. Pilant had inquired as to Plaintiffs age at a meeting of supervisors approximately six months pri- or to Plaintiffs resignation. Furthermore, Plaintiff had substantial experience disciplining employees and was unaware of an employee who had been terminated for a first infraction that did not involve theft or violence: In his experience, the Grand followed a four step disciplinary process: 1) verbal warning; 2) written warning; 3) final written warning; and 4) termination. Young also attested to this four step disciplinary process but maintained that employees had been terminated upon a first infraction not involving theft or violence and that disciplinary decisions were based on a variety of factors.

Evidence was also introduced regarding the policies that Plaintiff allegedly violated.

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832 F. Supp. 2d 929, 2011 U.S. Dist. LEXIS 59977, 112 Fair Empl. Prac. Cas. (BNA) 709, 2011 WL 2175186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/branson-v-harrahs-tunica-corp-tnwd-2011.