DeCicco v. Mid-Atlantic Healthcare, LLC

275 F. Supp. 3d 546
CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 27, 2017
DocketCIVIL ACTION No. 14-2933
StatusPublished
Cited by17 cases

This text of 275 F. Supp. 3d 546 (DeCicco v. Mid-Atlantic Healthcare, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeCicco v. Mid-Atlantic Healthcare, LLC, 275 F. Supp. 3d 546 (E.D. Pa. 2017).

Opinion

MEMORANDUM OPINION

Goldberg, District Judge

This is an employment discrimination case. Plaintiff, Louis DeCicco, alleges that Defendant, Mid-Atlantic Healthcare, LLC, terminated his employment in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., and the Pennsylvania Human Relations Act (“PHRA”), 43 P.S. § 951 et seq. Presently before me is Mid-Atlantic’s motion for summary judgment. For the reasons that follow, the motion will be granted as to Plaintiffs age discrimination claims and request for punitive damages, but denied as to his FMLA claims.

L FACTUAL & PROCEDURAL BACKGROUND1

The following facts are undisputed, unless otherwise noted:

On April 18, 2011, Plaintiff began working for Maplewood Nursing and Rehabilitation Center (“Maplewood”). Maplewood provides long-term nursing care and rehabilitation services. Plaintiff was hired as the Director of Maintenance, and was responsible for, inter alia, upkeep and maintenance of the facility, maintaining contracted services, maintaining acceptable building standards, oversight of certain personnel, and coordinating with other departments during large scale renovation projects. (Def.’s Statement . of Facts (“SOF”) ¶¶ 1-3, 7,11, 28-29.)2

On or about January 24, 2012, Plaintiff met with his direct supervisor, Sarah Bal-mer, who held the position of Nursing Home Administrator. The parties do not dispute that Balmer issued a “performance action plan” during this meeting, which [552]*552contained an “improvement plan” setting forth certain performance goals and expectations for Plaintiff. The performance action plan documented several areas in which Plaintiffs job performance was “under review,” including: not providing adequate training and mentoring to a subordinate; not resolving “longstanding issues” with Maplewood’s security staff; failing to respond to facility phone calls; and, not taking a more active role in resolving the facility’s maintenance issues. Plaintiff and Balmer both signed the action plan. (Def.’s SOF ¶¶ 31, 33, 37; Def.’s Ex. J.)

Around this same time (January. 2012), Plaintiff began monitoring Balmer’s attendance at work. During his “investigation,” Plaintiff reviewed Maplewood’s camera footage, Balmer’s timesheets, and he prepared his own logs of Balmer’s absences from the Maplewood facility. Plaintiff was not authorized to investigate Bal-mer’s attendance. (Def.’s SOF ¶¶ 54-56; Pl.’s Dep. 177:13-20.)

On May 9, 2012, Balmer issued a second performance action plan to Plaintiff. On the same day, Plaintiff received a written warning for allegedly addressing an outside contractor in an “unprofessional manner.” He also received an oral warning on this date for allegedly not keeping “adequate stock” of Maplewood’s equipment, which resulted in the facility being “short one bed.” (Def.’s SOF ¶¶37, 44; Def.’s Exs. L, M.)

On May 24, 2012, Plaintiff requested “FMLA paperwork” from Maplewood’s Human Resources Director, Stephanie Massey. Plaintiff was the primary caregiver to his disabled father, and testified that he intended to use FMLA leave to care for him. Massey provided the paperwork to Plaintiff that same day. Stephanie Massey was terminated by Mid-Atlantic shortly after this interaction with Plaintiff. (Pl.’s Dep. 180:20-25; 181:1-11; 188:1-12.)

On June 15, 2012, Plaintiff met with newly-hired Human Resources Director, Caroline Eldridge. The two met for approximately two hours and discussed several issues, including: Plaintiffs performance action/improvement plans, the “fraud” involving Sarah Balmer’s alleged absenteeism, and other issues such as Plaintiffs perceived lack of support from Mid-Atlantic. Plaintiff testified that he was “afraid” to turn in his completed FMLA paperwork for fear of termination, and that he advised Eldridge that he expected to be terminated. (PL’s Dep. 188:13-20; 204:12-25; 207:12-22; 208:1; 209:8-16.)

On June 18, 2012, Plaintiff returned his “Certification of Health Care Provider” form [i.e., his completed FMLA paperwork] to Mid-Atlantic’s Human Resources department. (PL’s Dep. 189:11-20; Defi’s Ex. N.) According to Plaintiff, he had originally intended to turn in his paperwork to Stephanie Massey. However, by that point, she no longer worked for Mid-Atlantic. Plaintiff decided to submit his FMLA paperwork to Caroline Eldridge. When he knocked on her office door to give her the papers, he testified that Jennifer Kelly (Regional Human Resources Director) answered and indicated that she and El-dridge were in a meeting. Plaintiff claims that he handed his paperwork to Jennifer Kelly and she closed the door. (PL's Dep. 188:1-12.)

Later that same evening (June 18, 2012), at 9:51 p.m., Sarah Balmer emailed John Fredericks (Regional Director of Operations) stating that she intended to terminate Plaintiff in two weeks. Balmer indicated that three other Mid-Atlantic employees, all of whom were copied on the email (including Jennifer Kelly), were “all in agreement in this decision.” Balmer advised the group that she became aware Plaintiff was monitoring her attendance and hours logged at work and had been [553]*553reviewing Maplewood’s security camera footage. She further stated that Plaintiff was “not the type of person” she wanted working for her, that Plaintiff had been on a performance improvement plan since January 2012 due to “HR issues,” that she could not work “with someone' like him and want[ed] him gone,” and that his statements that Balmer “stole time” were “a lie.” Balmer concluded her email by stating that “[d]ue to [Plaintiffs] deficiencies, he will be terminated in the proper fashion. I just wanted you all to know how inappropriate his behavior is.” (Pl.!s Ex. S.)

On June 19, 2012, the next day, Balmer issued a “final written warning” to Plaintiff regarding .his alleged failure to meet the requirements of his prior performance action plans, and placed him on yet another performance action plan, which was set to expire on July 3, 2012. (Def.’s Exs. O, P.)

On June 20, 2012, Plaintiff was terminated during a meeting conducted by John Fredericks and Jennifer Kelly. Sarah Bal-mer was not present during this meeting. (Def.’s Ex. R.) Plaintiff was forty-seven (47) years-old at the time of.his firing. Plaintiff was replaced by a man named Robert Mitchell. The parties dispute whether Mitchell was forty-one (41) or forty-three (43) years-old at the time of his hiring.

On May 22, 2014, Plaintiff filed this lawsuit, advancing claims for age discrimination under the ADEA and PHRA (Counts I & III), as well as claims for interference and retaliation under the FMLÁ (Count II).

II. LEGAL STANDARD

A party moving for summary judgment bears the initial burden of demonstrating that there are no genuine issues of material fact in dispute, and that judgment is appropriate as a matter of law. Fed. R. Civ. P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

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Bluebook (online)
275 F. Supp. 3d 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/decicco-v-mid-atlantic-healthcare-llc-paed-2017.