Eren v. Mars, Inc.

27 F. Supp. 3d 855, 2014 WL 2765684, 2014 U.S. Dist. LEXIS 82926
CourtDistrict Court, M.D. Tennessee
DecidedJune 18, 2014
DocketCase No. 3:13-cv-0359
StatusPublished
Cited by3 cases

This text of 27 F. Supp. 3d 855 (Eren v. Mars, Inc.) 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
Eren v. Mars, Inc., 27 F. Supp. 3d 855, 2014 WL 2765684, 2014 U.S. Dist. LEXIS 82926 (M.D. Tenn. 2014).

Opinion

[857]*857 MEMORANDUM

ALETA A. TRAUGER, District Judge.

Pending before the court is a Motion for Summary Judgment filed by the defendant, Mars, Inc., d/b/a The Nutro Company (“Nutro”) (Docket No. 37), to which the plaintiff, Fulya Eren, has filed a Response in opposition (Docket No. 39), and the defendant has filed a Reply (Docket No. 43). In support of the pending motion, the defendant filed a Statement of Undisputed Facts (“DSUF”), to which the plaintiff responded. (Docket Nos. 38, 40.) In opposition to the defendant’s motion, the plaintiff filed a Statement of Additional Facts (“PSAF”), to which the defendant responded. (Docket Nos. 41, 46.) The parties have also filed a variety of exhibits in support of their respective briefs, including transcripts of witnesses’ depositions and. various documentary evidence related to Eren’s employment. For the reasons discussed herein, the defendant’s Motion for Summary Judgment will be granted.

BACKGROUND1

I. Overview

In May 2011, Nutro, a subsidiary of Mars, Inc., hired the plaintiff as a Product Development Manager within the company’s Research and Development Department. Nutro is a manufacturer of specialty pet food products. Nutro terminated the plaintiff on August 9, 2012.

II. Eren’s Employment at Nutro

A. Imhoff Hires Eren

Eren was hired by Sebastien Imhoff, who served as Eren’s direct supervisor until Eren’s termination. During Eren’s employment, Imhoff held the role of Innovation Manager. Eren’s position as Product Development Manager was newly created at the time that she was hired. Her role was intended to support Imhoff in managing four product development scientists. Her role was also created so that she might be considered as a possible successor to Imhoff.

Imhoff testified at his deposition that, when he was interviewing Eren for the Product Development Manager position, he had concerns about Eren’s fit for the position. (Docket No. 37, Ex. 3 at 163.) Imhoff testified that he decided to hire the plaintiff, despite his concerns about her leadership capabilities and business acumen, because he was “really intrigued by” her MENSA International membership and thought that Eren’s high IQ indicated that she possessed a learning agility that would compensate for her lack of experience.2 {Id. at 164-65.)

[858]*858B. Eren’s Performance at Mars

Eren’s job required her to create a productive “high performance” team environment for the product development specialists that she managed, including Yuki Nishimura, Dana Erdman, Krista Zinn, and Heidi Wilson. The product development specialists, who are scientists, are responsible for developing and launching Nutro products. Imhoff testified that, after Eren’s first two months at Nutro, he realized that Eren’s lack of experience in leadership and business was more significant than he had anticipated and that she was not “learning the ropes” and pace of the business as he had expected. {Id. at 166-67.) Imhoff further testified that he noticed, early on in Eren’s employment, that she was having difficulty keeping up with the pace of the business and, as a result, that her team was not “going in the right direction.”3 {Id. at 168-69.)

In addition to her team and Imhoff, Eren worked with Gealita Greenhill, who served as Nutro’s Personnel and Organization- Manager. Greenhill was responsible for assisting line managers in Eren’s department with talent development and also for dealing with performance or other issues that associates may have in the workplace. Greenhill testified that she was first made aware of Imhoffs concerns about Eren’s performance in October 2011.

C. Eren’s Hospitalization in October 2011

In October 2011, Eren was hospitalized for an ulcer. At the time of her hospitalization, Eren was not yet eligible to take leave under the Family Medical and Leave Act, 29 U.S.C. § 2601 et seq. (“FMLA”), because she was a new employee. Nutro agreed to classify Eren’s October 2011 hospitalization time as a non-FMLA absence which would allow her to receive short-term disability and 80% of her salary. Despite Nutro’s offer to provide disability leave, however, Eren decided to use vacation time for her October 2011 absence.

It is undisputed that Imhoff knew that Eren went to the emergency room in the fall of 2011, although he did not know the reason that she was hospitalized. Eren returned to work after her hospitalization. Eren testified at her deposition that, after returning to work, Imhoff asked her to meet with him. She testified that he asked her about her hospitalization and she told him that she “had an ulcer before but it was taken care of and I was good.” She further testified that Imhoff responded that Eren was “getting paid over $100,000,” and “it’s not fair to him or to [the] Mars family that I didn’t tell them [859]*859that I was sick when I started.” (Docket No. 41, Ex. A at 70.) The defendant disputes the factual accuracy of the alleged conversation. At his deposition, Imhoff vigorously denied that such a conversation ever took place. (Docket No. 41, Ex. B at 29-30.)

D. Eren’s Reviews

Nutro holds performance reviews for employees like Eren twice a year: midyear and at the end of year. Around the end of 2011, Eren received a year-end performance review. Her rating, determined by Imhoff, was “below expectations.” Eren’s performance review states that she received a “below expectations” rating because she was not meeting the requirements of the position from a leadership standpoint, not providing appropriate direction to her team, and not having the impact that was expected by a leader in her position. (Docket No. 37, Ex. 3 at 180.) At the time a Nutro associate (like Eren) receives a year-end performance review, she works with her managers on setting objectives for improvement for the upcoming year.

In March 2012, following Eren’s 2011 year-end review, Imhoff spoke to Greenhill about his ongoing concerns regarding Eren’s performance. Imhoff related to Greenhill that he still had concerns about Eren “keeping pace.” Greenhill further testified that Imhoff told Greenhill that he was concerned about Eren’s business acumen and Eren’s tendency to micromanage.

In late May 2012, Eren received a midyear review from Imhoff. Prior to the mid-year review, Greenhill coached Imhoff on working with Eren and suggested that he needed to be specific with,Eren about the performance areas in which she needed to improve. At the mid-year review, Eren received a second “below expectations” rating. In June, Eren met with Imhoff to review her objectives for 2012. At that time, Imhoff and Greenhill decided to take action so that Eren could improve her rating before the end of the year.

E. Eren’s PIP

Imhoff and Greenhill decided to place Eren on a Performance Improvement Plan (“PIP”) beginning July 13, 2012. (Docket No. 37, Ex. 3 at 212.) A PIP is designed to set clear expectations and goals for an associate to meet over a particular time period. In a memorandum (the “PIP Plan”) addressed to Eren and dated July 11, 2012, Imhoff explained the details of Eren’s PIP.

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Cite This Page — Counsel Stack

Bluebook (online)
27 F. Supp. 3d 855, 2014 WL 2765684, 2014 U.S. Dist. LEXIS 82926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eren-v-mars-inc-tnmd-2014.