Gutter v. Guideone Mutual Insurance

17 F. Supp. 3d 1261, 2014 U.S. Dist. LEXIS 56180, 2014 WL 1614169
CourtDistrict Court, N.D. Georgia
DecidedMarch 28, 2014
DocketCivil Action No. 1:12-CV-2397-AT
StatusPublished
Cited by1 cases

This text of 17 F. Supp. 3d 1261 (Gutter v. Guideone Mutual Insurance) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gutter v. Guideone Mutual Insurance, 17 F. Supp. 3d 1261, 2014 U.S. Dist. LEXIS 56180, 2014 WL 1614169 (N.D. Ga. 2014).

Opinion

ORDER

AMY TOTENBERG, District Judge.

Before the Court is Defendant GuideOne Mutual Insurance Company’s Motion for Summary Judgment [Doc. 32]. Plaintiff Benita Gutter’s claims are based on allegations that she was terminated one day after seeking leave under the Family and Medical Leave Act (“FMLA”). Defendant does not dispute that she was entitled to FMLA leave, but seeks summary judgment based on evidence that its termination of Plaintiff was unrelated to her request for such leave. As material issues of fact remain in dispute, Defendant’s Motion for Summary Judgment [Doc. 32] is DENIED.

I. Background

The following facts underlying this FMLA case are not in dispute. Plaintiff Benita Gutter started working for Gui-deOne in March 2006 as a staff litigation attorney. (Def. Resp. PI. Material Facts, Doc. 47 ¶ 1.) Her supervisor was Associate General Counsel Sam Waters. (PI. Resp. Def. Material Facts, Doc. 43 ¶ 6.) Ms. Gutter worked at GuideOne’s Stone Mountain, Georgia location, and Mr. Waters was based at GuideOne’s corporate headquarters in West Des Moines, Iowa. (Id. ¶¶ 5, 7.) GuideOne’s litigation support staff, comprising paralegals and secretaries, also worked at the West Des Moines office. (Id. ¶ 8.)

[1264]*1264A. Performance Reviews

GuideOne employees typically receive annual performance reviews, and Ms. Gutter’s first review covered the period from her hire date through March 2007. (Id. ¶ 38.) Her performance during that period met or exceeded expectations. (Id.) A year later she received her second performance review for the March 2007 through March 2008 period. (Id. ¶39.) In this review, Ms. Gutter received the same overall performance evaluation of meeting or sometimes exceeding expectations. (Id. ¶ 40.) However, Mr. Waters identified specific areas for improvement. Her review stated that she needed to improve her relationship with the GuideOne claims department and that she sometimes missed deadlines. (Id. ¶¶ 41-42.)

Ms. Gutter’s third performance review took place on March 24, 2009. (Id. ¶ 47.) She received an overall rating of “meets expectations” for the March 2008 through March 2009 period. (Id. ¶48.) In this review, Mr. Waters noted that Ms. Gutter “habitually” failed to furnish meaningful and timely evaluations to the claims department. (Id. ¶49.) Ms. Gutter concurred that she had not demonstrated great improvement in her performance but attributed this to her excessive caseload. (Id. ¶ 52.)

On September 10, 2009, Mr. Waters placed Ms. Gutter on a Performance Improvement Plan (“PIP”) because of her unacceptable performance. (Doc. 47 ¶6; PI. Dep. at 101-102.) Ms. Gutter’s PIP identified her failure to: (1) provide timely and thorough progress reports to her claims handlers; (2) maintain and update her electronic files; and (3) stick to specific work protocols created by the litigation support staff. (Doc. 43 ¶ 54.) To be removed from the PIP, Ms. Gutter needed to address each performance issue and complete all of her outstanding and deficient reports. (Id. ¶ 60; Doc. 47 ¶ 7.) GuideOne gave her written notice that, for the one-year period following her removal from the PIP, it could fire Ms. Gutter if her performance returned to unacceptable levels. (Doc. 43 ¶ 59.) Additionally, GuideOne employees on a PIP are ineligible for bonuses or promotions until removed from the improvement plan. (Id. ¶ 62.)

Ms. Gutter was given until December 11, 2009 to complete her backlog of reports, and GuideOne took steps to ensure she would not accumulate new cases while on the PIP. (Id. ¶¶ 63-64.) After she did not complete her reports by December 11th, Mr. Waters later extended the deadline to February 1, 2010. (Id. ¶ 64; Doc. 47 ¶ 8.) Ms. Gutter was ultimately released from her PIP on February 1, 2010. (Doc. 47 ¶ 10.) Shortly after this, Mr. Waters told Ms. Gutter to resolve her differences with Beth Molln, a member of the litigation support staff, in a February 11, 2010 e-mail. (Doc. 43 ¶ 67; Gutter Dep. Ex. 9, Doc. 39-1 at 76.) Mr. Waters observed that Ms. Gutter’s work mannerisms had “alienated” Ms. Molln. (Doc. 39-1 at 76.) Nevertheless, Ms. Gutter received a bonus of several thousand dollars in March 2010. (Doc. 47 ¶ 11.)

At this point, each party’s version of events begins to diverge. The Court proceeds, as it must, by viewing the evidence and inferences in the light most favorable to Plaintiff, as the nonmoving party. See Optimum Techs., Inc. v. Henkel Consumer Adhesives, Inc., 496 F.3d 1231, 1241 (11th Cir.2007). On or about April 5, 2010, Ms. Gutter received her fourth and final performance review during her tenure at Gui-deOne. (Doc. 43 ¶ 68; Doc. 47 ¶ 12.) Of twelve scored metrics, Ms. Gutter received a “meets expectations” rating in two categories. (Doc. 43 ¶ 69.) She received a “needs improvement” rating in the remain[1265]*1265ing ten categories but was not placed on a new PIP. (Id. ¶ 70.)

Mr. Waters provided explicit critical feedback in her review file. He wrote that Ms. Gutter had “squandered [her] positional power” to the point where most claims handlers would prefer not to work with her. (Gutter Dep. Ex 8., Doc. 39-1 at 72-75.) He noted that Ms. Gutter could improve the maintenance of her electronic case files, and that she should strive to file timely and thorough reports. (Id.) Mr. Waters also identified specific examples of her counterproductive behavior.1 (Id.) The written review directed Ms. Gutter to prepare a development plan to incorporate this feedback and improve her performance. The evaluation indicated Ms. Gutter would be reevaluated in six months. (Id.)

Despite the critical language of her fourth review, Mr. Waters gave Ms. Gutter the impression that he was satisfied with her performance over the previous year.2 (Doc. 47 ¶ 13.) He said they would review her performance again in September 2010 and consider giving her a raise then. (Id. ¶ 15.)

B. Ms. Gutter’s Request for Leave

In April or May 2010, Ms. Gutter first told Mr. Waters that she might need to take a leave in the future. (Doc. 39 at 78; Doc. 47 ¶ 20.) She discussed how several external factors, including her divorce, a potential cancer diagnosis, and the death of her friend, were beginning to affect her work. (Doc. 39 at 78-79.) She did not make a formal request for leave then, nor did she tell Mr. Waters of any scheduled doctor’s appointments. (Gutter Dep. at 159, Doc. 39-1 at 39.)

On July 13, 2010, Ms. Gutter informed Mr. Waters that she was going to request medical leave. (Doc. 47 ¶ 21.) The events immediately before and after this discussion are disputed; the following timeline represents Plaintiffs view.

July 13, 2010 “after- • In a phone call that afternoon, Ms. Gutter told Mr. Waters, noon” “tomorrow I’m going to go see my doctor and try to get leave.” (Doe. _39-1 at 39.)___

July 13, 2010 9:13 • Ms. Gutter e-mailed Cathy Murray, the Vice President of Human p.m. Resources, to request short-term disability forms and information about taking a “mental health leave.” (Gutter. Dep. Ex. 10, Doc. 39-1 at 79-81.) Ms. Gutter said she “need[s] to apply for disability,” citing work as the primary source of stress. (Id.)

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17 F. Supp. 3d 1261, 2014 U.S. Dist. LEXIS 56180, 2014 WL 1614169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gutter-v-guideone-mutual-insurance-gand-2014.