Jerry Sander v. Gray Television Group, Inc.

478 F. App'x 256
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 18, 2012
Docket10-6120
StatusUnpublished
Cited by8 cases

This text of 478 F. App'x 256 (Jerry Sander v. Gray Television Group, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jerry Sander v. Gray Television Group, Inc., 478 F. App'x 256 (6th Cir. 2012).

Opinions

ROGERS, Circuit Judge.

In this age discrimination case, Jerry Sander appeals the grant of summary judgment to Gray Television Group, Inc. on Sander’s ADEA, retaliation, and breach of contract claims. Sander was a television reporter for WKYT-TV from 1981 until 2008. On February 21, 2008, after refusing to complete a routine assignment, Sander walked out of the station telling three individuals that he was “going to quit.” Because Sander voluntarily resigned from his position, and thus cannot prove a prima facie case of age discrimination or retaliation, the district court properly granted summary judgment. Moreover, even if Sander could establish a prima facie case for either claim, he in any event cannot demonstrate that Gray Television’s legitimate, non-discriminatory reason for his termination, namely Sander’s own misconduct, was pretextual, and thus summary judgment was warranted on this ground as well.

I.

Jerry Sander, who was born in 1946, began working for WKYT in Lexington, Kentucky as a television news reporter in 1981. He continued in that position until February 21, 2008, when Sander allegedly quit and walked out of the station.

When Gray Television bought WKYT in 1993 or 1994, Sander became an employee of Gray Television. During his years at WKYT, Sander was known for his health/medical feature stories, and he was often asked to report on election night coverage from major campaign headquarters. R.65, Martin Dep., at 39-40. In 2004, when Jim Ogle was the Vice President of News, Sander was offered an eight-year employment agreement and was promoted to Senior Reporter. As part of the agreement, Sander’s salary steadily rose each year, from $77,510 in 2005 to $96,510 in 2012. R.57-1, at 2. At the time, Sander was the highest paid reporter at WKYT.

The agreement included the following “Duties of Employee,” stating that “the Employee shall:”

(A) Promptly and in good faith comply with all directions, requests, requirements, rules and regulations made by Employer in the conduct of its business.
(B) Fulfill the duties of Senior Reporter and perform such services as Employer, in its exclusive discretion, shall designate with respect to broadcasts produced by Employer [258]*258... Employer reserves the right to alter Employee’s duties, as it deems appropriate.

R.66-1, Employment Agreement, at 1.

The agreement also included the following provision related to “[t]ermination [of] ... this Agreement prior to the scheduled completion of its term:”

(A) TERMINATION FOR CAUSE. Employer can terminate this Agreement, (or suspend Employee without pay at Employer’s option) if Employee:
(2) Fails to perform any of his obligations set forth herein, or which are natural incidence to performance of his duties or employment responsibilities, by willful default, neglect or misconduct;
(8) Fails to comply with any of the rules and policies established by Employer;
(4) Fails to comply with any of the terms of this Agreement.

Id. at 3-4.

In August 2006, Robert Thomas was hired as the new Vice President of News, replacing Jim Ogle, and Thomas became Sander’s immediate supervisor. In light of Thomas’s desire to “emphasize breaking news,” WKYT became a more “aggressive” news organization. R.62, Bryant Dep. at 36. Wayne Martin, general manager of the station, testified that Thomas had a different “philosophy [for] running a newsroom ... quite different than the previous news director.” R. 65, Martin Dep. at 68. Most noticeably, Thomas wanted to “be directly involved on a daily basis with reporters.” Id. With Martin’s approval, in 2006 Thomas removed the Senior Reporter designation from Sander’s title. Id. at 62. Sander claims that Thomas also “reassigned Sander from live reporting from campaign headquarters to reporting in ‘quick tapes’ in local races, during the 2006 election.” Appellant Br. at 10. Sander also alleged that although his duties as the health and medical reporter had been scaled down prior to Thomas’s arrival, “[o]nce Thomas became the News Director, he no longer used Sander’s expertise, electing to assign health coverage through the general assignment pool.” R.62, Bryant Dep. at 54-55. In 2007, after working the same day shift for nearly 27 years, Sander was reassigned to the morning shift, which required arriving at 4 a.m. R.72, Thomas Dep. at 70-71. Less than two months later, Thomas returned Sander to the day shift “without explanation.” R.72, Thomas Dep. at 76-77.

In January 2008, Sander met with Martin to discuss Sander’s belief that Thomas was “out to get him.” Martin assured Sander that this was not the case, and that the “only question that [Thomas] had raised with [Martin] involved [Sander’s] appearance.” R.65, Martin Dep. at 42-44. Sander also expressed concern that Thomas’s philosophy in the newsroom was “[i]f it bleeds, it leads,” meaning that WKYT focused on “covering fires and shootings and car wrecks at the expense of more human interest type of stories.” Id. at 42-43. Sander claims that Thomas repeatedly asked him about his intent to retire, R.66, Sander Dep. at 38-39, 44-45, and often referred to Sander as “old-school” or “old.” Id. at 35-36, 45-47.

On February 20, 2008, Thomas sent a memorandum to all news reporters and anchors to let them know that starting the following Monday, February 25, 2008, they would all be required to web produce their own stories. The next day, on February 21, a refresher course for posting stories on the web was held at 8:15 a.m. That same day, a winter storm was approaching, and because it was a “big story,” Sander “wanted a piece” of it. R. 66, [259]*259Sander Dep. at 155. However, just prior to the 9:30 a.m. daily meeting, Thomas told Sander that he would be the “web producer of the day.” Id. Sander was upset, and asked if he was being punished. When Thomas told him no, that all the reporters were going to do it, Sander figured the task was not time sensitive and “that [he] could get the hang of it basically and muddle through it.” Id. at 155-56. Later, during the daily meeting, Michelle Hill, the Executive Producer, suggested that Sander also manage “SnoGo,” the station’s automated system for reporting school and business closings during inclement weather. This announcement “set [Sander] off.” Id. at 159. In front of all of the participants at the daily meeting, Sander responded: “I can’t do Snow Go [sic]. I wouldn’t know how to even start, what button to push. I have absolutely no training in this. I don’t know how to do it and I won’t do it.” Id. at 159-60. According to Sander, Thomas “yell[ed] very loudly,” saying “something to the effect” of “don’t you ever tell me what you will or will not do.” Id. at 162.

As a result of his emotional distress from all of the yelling, Sander became ill. Sander asked Thomas if he could leave, and Thomas told Sander to leave and not to come back until Thomas let him. R.72, Thomas Dep. at 132-133. Sander then asked for permission to speak with Wayne Martin, the General Manager of the station. Sander went directly to Martin’s office, and Deanna Wolfe, Martin’s assistant, told Sander that Martin was out of town producing a story in Minnesota. After looking for Mike Kanarek, the Vice President of Operations, and not finding him, Sander then told Wolfe, “I can’t take this anymore, I’m going to quit.” R. 66, Sander Dep.

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478 F. App'x 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerry-sander-v-gray-television-group-inc-ca6-2012.