Johnson v. Chesebrough-Pond's USA Co.

918 F. Supp. 543, 1996 U.S. Dist. LEXIS 3378, 1996 WL 125559
CourtDistrict Court, D. Connecticut
DecidedMarch 18, 1996
Docket3:92 CV 247 (GLG)
StatusPublished
Cited by57 cases

This text of 918 F. Supp. 543 (Johnson v. Chesebrough-Pond's USA Co.) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Chesebrough-Pond's USA Co., 918 F. Supp. 543, 1996 U.S. Dist. LEXIS 3378, 1996 WL 125559 (D. Conn. 1996).

Opinion

GOETTEL, District Judge.

Defendant Chesebrough-Pond’s USA Co. brings this motion for summary judgment pursuant to Federal Rule of Civil Procedure 56, seeking judgment on all eight counts of plaintiffs’ complaint. For the reasons stated below, defendant’s motion (Document # 65) is granted.

BACKGROUND

In January 1990, plaintiff David Johnson (“Johnson”) was employed in Pennsylvania on a long-term assignment through a temporary agency. His employer appeared to have sufficient work to support his placement until the end of 1990, and there was a possibility of a permanent position. Johnson was contacted by a recruiter about a position at defendant Chesebrough-Pond’s USA Co. (“Chesebrough-Pond’s”) in Connecticut. He traveled to Connecticut and, before interviewing for the position, he completed and signed an application for employment, one paragraph of which provided that employment with defendant was employment-at-will.

During his interview, Johnson was told by personnel employee Bruce DeMayo that the position he was interviewing for was a new position, manager of a new engineering group the company was starting. Johnson also met with Dana Duncan (“Duncan”), the director of engineering who would be his direct supervisor. Johnson was offered the position on July 12,1990.

*547 During a telephone conversation with Duncan on July 19, 1990, Johnson expressed concern regarding job security issues. He explained that he feared that after relocating his family, he would be laid off due to a plant closing, corporate reorganization or other similar event. Explaining that layoffs had been a concern at the last four places he had worked, Johnson inquired whether nine months notice or severance pay could be given in the event of a layoff. Duncan responded that there would be no guarantees with respect to notice or severance. Duncan explained, however, that there was “at least five years worth of work just to do the strategic plan now” involving the new engineering group. Duncan also explained that Unilever, the parent company, had many different companies in the United States, and that there was a possibility of other positions with these companies in the event of a plant closing. Finally, Duncan told Johnson that Chesebrough-Pond’s was good to people. Johnson recorded these comments in his notes.

Before accepting the job offer, Johnson also inquired about the stability of the Che-sebrough-Pond’s facility. Chesebrough-Pond’s had been acquired by Unilever approximately three years before, and Johnson inquired whether the “Unilever transition” was over. In response, Duncan indicated that the transition was over. Duncan did not disclose the possibility of other plant closings, and did not inform Johnson that he had been recently relocated because of a plant closing. Duncan also told Johnson that Che-sebrough-Pond’s was a “profit center” for Unilever. Johnson accepted defendant’s offer of employment on August 18,1990.

Duncan’s dissatisfaction with Johnson’s job performance was not expressed until a December 1990 meeting. Although plaintiffs deny such a discussion, defendant alleges that Duncan advised Johnson that it was necessary for Johnson to make better use of the staff available to him and to make better use of his own time. Still dissatisfied with the situation, in January of 1991, Duncan became actively involved in the management of Johnson’s group. During a January 11, 1991 meeting, defendant alleges that Duncan again expressed concern to Johnson about Johnson’s job performance. Duncan advised Johnson that he was on unwritten probation, and that Duncan’s concerns were serious. Duncan explained that it was necessary to see improvement quickly. Plaintiffs deny the occurrence of this discussion during their January 11,1991 meeting.

On March 13, 1991, Johnson and Duncan met to discuss Johnson’s performance appraisal. Duncan expressed his continued concern about Johnson’s performance, and notified Johnson that he had “three months to improve or else.” On March 14, 1991, Johnson met with Bruce DeMayo (“De-Mayo”), a personnel employee. Johnson expressed concern about the treatment he was receiving from Duncan. DeMayo told Johnson that he had previously told Duncan to give Johnson “due process,” including an explanation of what was wrong, what was wanted, and the time frame that would be allowed to correct the problem. DeMayo told Johnson that if Johnson and Duncan could not reach agreement, the next step would be to talk with Duncan’s supervisor. Johnson was also told that he would be allowed to put a written response in his personnel file.

On March 27, 1991, Duncan and Johnson met for five hours to discuss Johnson’s performance. Although unclear from either party’s account of this meeting, some part of the conversation involved a discussion of “workaholics.” The next day, Johnson put on Duncan’s desk a newspaper article concerning the effect of “workaholics” on their subordinates. Some sentences of the article were highlighted.

As an alleged result of the newspaper article, Duncan concluded that in view of Johnson’s reactions to Duncan’s constructive criticism, Duncan could no longer work with Johnson. Duncan recommended his termination on the next working day, April 2,1991. The recommendation was accepted and Johnson was advised that he was being terminated for poor performance. Plaintiffs allege Johnson was then escorted out of the building “like a criminal.”

Johnson requested that his termination be reconsidered. He spoke with James McCall (“McCall”), Vice President for Personnel and *548 Public Relations in defendant’s corporate headquarters. Johnson submitted a written explanation of his concerns on October 22, 1991. McCall ultimately concluded in a written response that the company’s actions were justified. He concluded, “I believe that had you not been terminated on April 2, that the work relationship between you and Dana (Duncan) would have worsened and the work of the department would have suffered.”

Johnson and his wife, Susan Johnson, then filed this lawsuit alleging a number of different theories of recovery based upon Johnson’s acceptance of employment and his eventual termination from defendant. 1 Defendant now moves for summary judgment on all eight counts of plaintiffs’ complaint.

DISCUSSION

Summary judgment is appropriate only “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits ... show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(e). We must view the inferences to be drawn from the facts in the light most favorable to the party opposing the motion. Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). In order to successfully oppose this motion, plaintiffs must produce sufficient specific facts to establish that there is a genuine issue of material fact for trial. Celotex Corp. v.

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Bluebook (online)
918 F. Supp. 543, 1996 U.S. Dist. LEXIS 3378, 1996 WL 125559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-chesebrough-ponds-usa-co-ctd-1996.