Choate v. Advance Stores Co.

169 F. Supp. 3d 724, 2015 U.S. Dist. LEXIS 181973, 2015 WL 12531704
CourtDistrict Court, M.D. Tennessee
DecidedNovember 18, 2015
DocketCivil No. 3:13-cv-1376
StatusPublished
Cited by1 cases

This text of 169 F. Supp. 3d 724 (Choate v. Advance Stores Co.) 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
Choate v. Advance Stores Co., 169 F. Supp. 3d 724, 2015 U.S. Dist. LEXIS 181973, 2015 WL 12531704 (M.D. Tenn. 2015).

Opinion

MEMORANDUM

KEVIN H. SHARP, UNITED STATES DISTRICT JUDGE

Plaintiff Loretta Choate brings claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12111, Title VII of the Civil Rights Act (“Title VII”), 42 U.S.C. § 2000e, and the Tennessee Human Rights Act (“THRA”), Tenn. Code Ann. § 4-21-101. She also brings retaliation claims under Title VII and the THRA. Defendant Advance Stores Company moves for summary judgment on all of Plaintiffs claims. (Docket No. 42.)

The Court will grant Defendant’s motion.

BACKGROUND

This is a dispute over Plaintiff Loretta Choate’s termination from an Advance store. The Court offers some background information to help explain how that dispute arose.

Plaintiff began working for Defendant in 2003. She quit sometime in 2005, but was soon asked to return as General Manager of a store in White House, Tennessee. In October 2011, she became the General Manager of a store Gallatin, Tennessee. She remained in that position until she was fired in January 2013.

Jon Mattson is Plaintiffs direct supervisor. He manages several of Defendant’s stores in the area, but he regularly spoke with Plaintiff about the Gallatin store. By his estimate, the two spoke “two to three times a week,” and he “visit[ed] the store ... about twice a month, on average.” (Docket No. 44, Ex. 2, p. 2.)

As her supervisor, Mattson was responsible for evaluating Plaintiffs work. In early 2012, he rated her work “satisfactory,” but downgraded her performance to “challenging” in September 2012. (Docket No. 44, Ex. 2, p. 3.) He explained that the poor rating reflected deficiencies in “a number of categories^] [s]ome of them merchandising related, some of them staffing related,” and “[s]everal profit related.” (Docket No. 44, Ex. 2, p. 3.) He also said that the store’s turnover was high, which could indicate -more serious problems with the store’s management. (Docket No. 44, Ex. 2, p. 3.)

[727]*727As time went on, Mattson became more concerned with Plaintiffs performance. On October 12, 2012, Mattson put Plaintiff on a Performance Improvement Plan (“PIP”) (Docket No. 44-2, pp. 52-53). The PIP was intended to “show[ ] critical areas [in which] the [Gallatin] store was trailing in performance.” (Docket No. 44, Ex. 2, p. 4.) All of these areas, Mattson explains, were “tied directly to sales and profit.” (Docket No. 44, Ex. 2, p. 4.) The PIP included a set of “Action Item(s)” for Plaintiff to complete in order to boost the store’s performance: it called on Plaintiff to “[e]nsure proper coverage of phones,” “[l]imit smoke breaks for employees,” and have discussions with employees about “acceptable levels of service.” (Docket No. 44-2, pp. 52-58.)

On October 26, 2012, Plaintiff went on leave to seek treatment for alcoholism and bipolar disorder. Her leave lasted one month — two weeks in an inpatient facility, then two weeks in an outpatient treatment program. Plaintiff first spoke to Mattson about her leave during her outpatient treatment. (She could not contact him during ' her inpatient treatment, but her daughter called Mattson in late October to tell him that Plaintiff was being treated for alcoholism.) Plaintiff returned to work on November 26, 2012. When she returned, she felt that the store was in disarray: everything was suddenly “on fire,” in “total chaos,” and “turned upside down.” (Docket No. 44, Ex. 1, pp. 8,15.) •

This “chaos” stemmed from a string of disciplinary issues in the store. (Docket No. 44, Ex. 1, p. 8.) Shortly after she returned, Mattson told Plaintiff that- an-employee named Ryan Cleary had been stealing merchandise from the' Gallatin store. Mattson asked Plaintiff “g[e]t additional information” about the employee, including “cash shortages that tied back to him.” (Docket No. 44, Ex. 2, p. 6.) After they confirmed that Cleary was responsible, Plaintiff and Mattson agreed that “[Cleary] needed to be terminated.” (Docket No. 44, Ex. 1, p. 29.)

Around this time, Plaintiff felt that Mattson suddenly began “microman-ag[ing]” her decisions. (Docket No. 44, Ex. 2, p. 8.) Her Complaint points to one instance when Mattson asked Plaintiff if she had rehired an employee, Daniel Lam-berth, who had been fired for stealing. Plaintiff explained that Lamberth had “left for personal reasons” and had not been fired. (Docket No. 44, Ex. 2, p. 6.) But Plaintiff believed that Mattson had “doubted [her] judgment.” (Docket No. 1, p. 3.) Mattson also asked Plaintiff to - assist him in firing Cleary. Although she concedes that “a [District Leader] has a right to sit in on a termination,” she “had never had a [District Manager]' sit in” before.' (Docket No. 44, Ex. 1, pp. 15-16.) According to Plaintiff, both events suggested that Matt-son was “questioning] her authority and judgment;” she “felt like [she] wasn’t being able to manage [her] store anymore.” (Docket No. 1, p. 3; Docket No. 44, Ex. 1, p. 31.)

More problems emerged in December 2012. Around that time, an,, employee named Christina Pettit approached Matt-son and told him that she had found a receipt for alcohol in a commercial truck. Store records revealed that an employee named Shelley Robinson had been using the truck when the alcohol was purchased. Mattson prepared termination papers for Robinson and gave them to Plaintiff, instructing her to speak' with Robinson.1 [728]*728Plaintiff confronted Robinson, but Robinson “flat out denied” buying alcohol during work hours. (Docket No. 44, Ex. 1, p. 9.) Mattson then told Plaintiff to suspend Robinson for a few days while they continued to investigate.

Soon after Robinson returned to work, Pettit — the employee who found the liquor-store receipt — approached Mattson and told him that Robinson “was harassing her.” (Docket No. 44, Ex. 2, p. 9.) Petit told Mattson that Robinson was friends with Plaintiff, and that “given the nature of [Robinson] and [Plaintiffs] relationship or close friendship, [Pettit] felt her job may be in jeopardy.” (Docket No. 44, Ex. 2, p. 9.) Pettit later told Mattson that Robinson had contacted her and warned her that “[Robinson] would find out who” had told Mattson about the receipt. According to Pettit, Robinson told her that “karma is a bitch.” (Docket No. 44, Ex. 2, Ex. 11.)

Mattson spoke to Tracy Kalteux, a human-resources manager for Advance. The two concluded that Robinson had “clear[ly] violated [Advance’s] code of ethics” by “questioning people in the store to find out who filed the complaint” against her. (Docket No. 44, Ex. 3, p. 5.) They also concluded that Plaintiff had “completely mismanaged the investigation” and violated the code of ethics by allowing Robinson to harass Pettit. (Docket No. 44, Ex. 3, p. 5.) They decided to transfer Robinson to another store in Portland, Tennessee.

Mattson and Kalteux testified that Plaintiff “did not want [Robinson] transferred” and was “surprise[d]” by the decision. (Docket No. 44, Ex. 2, p. 9; Ex. 3, p. 4.) On December 31, 2012, Plaintiff emailed Kalteux. Plaintiff wrote that “there has been [a lot] of drama in [her] store that was never there before” she took leave.

(Docket No. 44-2, pp.

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Bluebook (online)
169 F. Supp. 3d 724, 2015 U.S. Dist. LEXIS 181973, 2015 WL 12531704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/choate-v-advance-stores-co-tnmd-2015.