Chandler v. Sentry Insurance

973 F. Supp. 842, 1997 U.S. Dist. LEXIS 12143, 74 Fair Empl. Prac. Cas. (BNA) 1284, 1997 WL 431108
CourtDistrict Court, W.D. Wisconsin
DecidedApril 29, 1997
DocketNo. 96-C-0512-C
StatusPublished

This text of 973 F. Supp. 842 (Chandler v. Sentry Insurance) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chandler v. Sentry Insurance, 973 F. Supp. 842, 1997 U.S. Dist. LEXIS 12143, 74 Fair Empl. Prac. Cas. (BNA) 1284, 1997 WL 431108 (W.D. Wis. 1997).

Opinion

CRABB, District Judge.

In this civil action for monetary and injunctive relief, plaintiff Linda Chandler contends that defendant Sentry Insurance terminated her employment because of her sex and age in violation of Title VII of the Civil Rights Act of 1964 as amended by the Civil Rights Act of 1991, 42 U.S.C. § 2000e-2, and the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34. This case is before the court on defendant’s motion for summary judgment. Defendant contends that plaintiff was terminated because of her undisputed misconduct. Plaintiff argues that defen[844]*844dant’s reasons are contradictory and inconsistent and therefore pretextual and that younger male employees were given lesser penalties for similar misconduct.

I conclude that plaintiff has failed to establish that she was discriminated against on the basis of her sex or age. Plaintiff has not established material contradictions in defendant’s explanation or shown that similarly situated younger male employees were treated differently and therefore has failed to rebut defendant’s proffered reason for terminating her, namely her undisputed violation of company policy. Accordingly, summary judgment will be entered in defendant’s favor.

For the purpose of deciding defendant’s motion for summary judgment, I find from the parties’ proposed findings of fact that there is no genuine dispute with respect to the following material facts.

UNDISPUTED FACTS

Defendant Sentry Insurance is an insurance company headquartered in Stevens Point, Wisconsin. Defendant employed plaintiff Linda Chandler as a sales representative from 1982 until her discharge on or about July 5,1994. Plaintiff was 44 years old when she was fired.

Plaintiff worked primarily out of her home in Fond du Lac, Wisconsin, but reported to the Milwaukee office for monthly sales meetings. Plaintiffs immediate supervisor was Milwaukee Sales Manager Kim Foster. Foster managed a sales team including himself, plaintiff and nine other sales representatives, and reported to Dick Ouimet, the Director of Sales for the Wisconsin Division. Tom Skill-man was defendant’s Human Resources Operations Manager.

Defendant’s Sales Representative Manual governed the completion and submission of life insurance applications. It and defendant’s life insurance application form required that the agent do the following when taking applications for life insurance: (1) ask the applicant certain medical questions; (2) explain the application and a document titled Important Notice Required by Law to the applicant; (3) secure the applicant’s signature on the application and the Important Notice; (4) witness the applicant’s signature on the two documents; (5) certify that the agent had asked the questions in the application, witnessed the signatures and given the Important Notice to the applicant; and (6) complete an Agent’s Statement that explains the agent’s relationship to the applicant and states whether the applicant was present at the time the application was completed. Plaintiff had a copy of the manual and was aware that her signature was part of defendant’s contract with the insured.

Mark Kaminskas, the son of plaintiff’s husband, Bob Kaminskas, was a college student in Arizona in 1993. Before September 1993, Mark owned an interest sensitive life insurance policy issued by National Mutual Benefit. On September 9,1993, plaintiff filled out and submitted to defendant an Absolute Assignment form, authorizing the surrender of Mark’s National Mutual Benefit policy, and an application for $50,000 of life insurance, naming Mark as the insured and Bob as the beneficiary. The application, Important Notice, and Absolute Assignment were signed by Bob without Mark’s knowledge. Plaintiff signed the application and certified that she had followed all of the required procedures. Plaintiff admitted later that her certified statements were false, that she had never spoken with Mark about the policy or witnessed his signatures and that her conduct was contrary to defendant’s company policy.

On June 29, 1994, Skillman and Foster received copies of a complaint Mark filed with the Wisconsin Office of the Commissioner of Insurance, in which he stated that plaintiff had caused his National Mutual Benefit policy to be surrendered to defendant without his knowledge or authorization. He requested that defendant reinstate his original policy with National Mutual Benefit along with the interest that would have accrued had the policy remained intact.

On the same day, Foster’s assistant, Lynn Pascavis, faxed a copy of the complaint to plaintiff and spoke with her on the telephone. Plaintiff admitted to Pascavis that her husband had signed Mark’s signature on the application and other relevant documents. Pascavis communicated this information to [845]*845Foster, who passed it on to Skillman. Skill-man interviewed plaintiff about the complaint on June 30, 1994. She admitted that Bob had signed the papers and that she had not witnessed the signatures.

In response to Mark’s complaint, plaintiff drafted a letter to the Insurance Commissioner in which she stated that she had given the application papers to Bob to secure Marks signature, and that she had no reason to doubt that the signature was Mark’s. She claimed that she learned later that Bob had signed Mark’s name thinking that he was the owner of the policy and had the right to do so. She also stated that she had overheard a telephone conversation between Bob and Mark about a policy on the life of Bob’s nephew, and therefore “had no reason to think that all of this had not been discussed” with Mark. Skillman obtained a copy of plaintiffs letter from Foster.

Skillman concluded that plaintiff had falsely certified both Mark’s signature and the fact that she had met with Mark and discussed the policy. He concluded that Mark had no intent to purchase defendant’s life insurance policy and no knowledge that it had been done. Skillman decided that plaintiff should be discharged because of her misconduct.1

Foster communicated the termination decision to plaintiff on July 2 and Skillman spoke with her about it on July 5, 1994. Plaintiff admitted during both conversations that discipline was warranted for her actions, although she believed that termination was too severe. She 'alleged that there were other employees who had failed to witness signatures, but refused to name any individuals when asked for specifics.

When Skillman made the decision to terminate plaintiff, he was not aware of any other eases in which he had recommended that a sales representative not be terminated for knowingly falsifying information on an application or submitting an application without the insured’s knowledge. On one occasion, as part of one of defendant’s sales contests, Foster asked plaintiff to allow another agent to sign an application she had procured so that the entire sales team would meet the contest goal. No one had disciplined plaintiff for trading applications with other agents. Skillman and Ouimet were unaware of any circumstances in which plaintiff was directed to allow another agent to sign an application that she had obtained.

On occasion, sales representatives have received applications through the mail. In those situations, they could not have witnessed the applicants’ signatures.

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973 F. Supp. 842, 1997 U.S. Dist. LEXIS 12143, 74 Fair Empl. Prac. Cas. (BNA) 1284, 1997 WL 431108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chandler-v-sentry-insurance-wiwd-1997.