Gostola v. Charter Communications, LLC

72 F. Supp. 3d 796, 2014 U.S. Dist. LEXIS 173980, 2014 WL 7204924
CourtDistrict Court, E.D. Michigan
DecidedDecember 17, 2014
DocketCase No. 13-cv-15165
StatusPublished
Cited by2 cases

This text of 72 F. Supp. 3d 796 (Gostola v. Charter Communications, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gostola v. Charter Communications, LLC, 72 F. Supp. 3d 796, 2014 U.S. Dist. LEXIS 173980, 2014 WL 7204924 (E.D. Mich. 2014).

Opinion

OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AS MOOT, AND DENYING DEFENDANT’S MOTION TO ADJOURN

THOMAS L. LUDINGTON, District Judge.

Plaintiff Dixie Gostola filed a complaint on December 18, 2013 alleging that she was terminated by Defendant Charter Communications, LLC, in violation of the Family and Medical Leave Act (“Act”). 29 U.S.C. § 2601. Specifically, she alleges that her termination by Charter states a claim under both the interference and retaliation theories' of relief under the Act. See ECF No. 1, ¶¶ 36 & 46. On September 30, 2014, Gostola and Charter filed cross-motions for summary judgment. ECF Nos. 14 & 15. Charter claims that both Gostola’s interference and retaliation claims fail as a matter of law and that Gostola’s complaint should be dismissed. Gostola claims that Charter fails to show that a material dispute of fact exists regarding her interference claim and summary judgment should be granted in her favor.

No material facts concerning the manner in which Charter monitored Gostola’s performance are in dispute. Both parties agree that the period in which Gostola was on leave factored into Charter’s calculation of Gostola’s performance evaluation which eventually led to her termination. For that reason, no reasonable juror could conclude that Charter did not use Gostola’s FMLA leave as a negative factor in its decision to discipline and then terminate Gostola. Thus, Gostola’s summary judgment motion will be granted and a trial on damages scheduled.

I.

A.

Gostola has worked in the advertising industry since she graduated college in 1994. ECF No. 14, Ex. 33 at 20. Her first position was with Cable One where she worked as an account representative. Id. at 18. In that capacity her “responsibility was to create new business for the company by finding clients to advertise on local cable television.” Id. In 1995, Cable One was sold and became Cable Time. Id. at 19. She remained in her same position with Cable Time where her goal was to “sell cable TV advertising.” Id.

B.

Charter retained Gostola when, in August, 2000, ECF No. 14, Ex. 33 at 5, Charter acquired her prior employer, Cable Time. Id. at 20-21. With Charter, Gostola was “focused on working with current clients that [she] had established pri- or to joining Charter, creating new accounts, continuing to produce effective ad campaigns for each client, building those relationships, [and] upselling those clients.” Id. at 21. Gostola’s official position with Charter was “Account Executive.” ECF No. 14 at 2.

Gostola was responsible for the “Mount Pleasant zone” and worked out of Charter’s Saginaw office. Id., Ex. 33 at 26. [798]*798According to Gostola, the “Mount Pleasant zone” included “an area to the north, Far-well, Clare, Mount Pleasant, Shepherd, Alma, Breckenridge, Ithaca, pretty much along the 127 corridor.” Id. Gostola had been responsible for this territory since she entered television advertising sales in 1995. Id. Gostola remained with Charter up until her termination on December 6, 2013. Id. at 6.

C.

During part of the period in which Gos-tola was with Charter, her most significant client was the Soaring Eagle Casino and Saganing Eagles Landing. Id. at 28-29. These accounts were the largest billing accounts in the state of Michigan and contributed to some of Gostola’s most productive years with Charter. Id. In 2010, however, the casino hired a new advertising agency and began booking advertising space through a national advertisement booking exchange, Interconnect. Id. at 29. Following the loss of the casino account, Gostola’s productivity declined. Id. Eventually, in January 2012 she was placed on a Managed Action Plan due to her declining performance. ECF No. 14, Ex. 13. This marked the beginning of a two year period in which Gostola was on a Managed Action Plan more often than she was not. In fact, she was on a' Managed Action Plan for thirteen straight months prior to her termination.

D.

Advertisement sales performance at Charter is measured by comparing revenue realized to projected revenue over specified periods of time. ECF No. 14 at 4. “Every [Account Executive] ha[s] an individualized yearly sales budget for both cable television and internet banner advertising.” Id. The budget for each salesperson is determined annually by management and the budget is then projected over the course of the year. Id. Thus, some months may have higher projected budgets while others are lower. Charter expects its salespeople to attain 97% of their projected budget each month. Id., Ex. 33 at 57.

A salesperson’s budget revenue is included in the month it is received from the client. For example, if a salesperson sells $5,000.00 in advertising in June but the advertising is scheduled to run in five equal installments from July through November, no revenue will be reflected in June. Instead, $1,000.00 of revenue will be reflected in each month from July to. November. Similarly, if, in July, half of the scheduled advertising does not run and that revenue is not realized, the salesperson’s revenue figure will be adjusted downward by $500.00 to reflect the actual revenue realized. The percentage of revenue a salesperson realizes on her accounts in a given month relative to her projected budget is produced as her ‘revenue-to-budget’ figure.

Charter maintains a disciplinary or “coaching” system for a salesperson who fails to meet her projected budget for a given month. Charter refers to these programs as Managed Action Plans or MAPs. When a salesperson fails to meet their sales goal for a given month, they are placed on a MAP. After being placed on a MAP, a salesperson’s revenue-to-budget figure is calculated on the basis of a three month rolling average from the three months preceding the plan. There are two ways for an individual to move off of a MAP. First if she increases her three month revenue-to-budget figure to over 85% and meets certain activity goals 1 she [799]*799returns to the status quo. Second, if her revenue-to-budget figure falls below 60% for two consecutive three-month periods, she progresses from a MAP to a MAP II. If, however, her revenue-to-budget figure remains between 60% and 85%, she remains on the MAP. There is no limit to how long a salesperson can stay on a MAP.

If a salesperson progresses to a MAP II, she has one month to meet the MAP II goals or her employment will be terminated. To meet the MAP II goals a salesperson must meet certain activity requirements while also raising her three month revenue-to-budget figure above 85%. ECF No. 14, Ex. 34 at 32.

E.

In July 2013, Gostola learned that her mother needed back surgery. Gostola’s parents both live in elderly care facilities. ECF No. 14, Ex. 33 at 15. Within her immediate family, Gostola is her parent’s primary caretaker and spends “on average two to three hours Monday through Friday” caring for her parents per day. Id. Upon learning that her mother would need back surgery, Gostola sought full-time FMLA leave from Charter. Id. at 118. She initially requested a leave period from August 1, 2013 to September 3, 2013. Id. This leave period was approved. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
72 F. Supp. 3d 796, 2014 U.S. Dist. LEXIS 173980, 2014 WL 7204924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gostola-v-charter-communications-llc-mied-2014.