Jones v. B & J Rocket America, Inc.

148 F. Supp. 3d 755, 2015 U.S. Dist. LEXIS 160699, 128 Fair Empl. Prac. Cas. (BNA) 735, 2015 WL 7738037
CourtDistrict Court, N.D. Indiana
DecidedDecember 1, 2015
DocketCause No.: 3:14-CV-135
StatusPublished
Cited by1 cases

This text of 148 F. Supp. 3d 755 (Jones v. B & J Rocket America, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. B & J Rocket America, Inc., 148 F. Supp. 3d 755, 2015 U.S. Dist. LEXIS 160699, 128 Fair Empl. Prac. Cas. (BNA) 735, 2015 WL 7738037 (N.D. Ind. 2015).

Opinion

OPINION AND ORDER

William C. Lee, Judge-United States District Court Northern District of Indiana

This matter is before the court on the motion for summary judgment (and memorandum in support) filed by the Defendant, B & J Rocket America, Inc. (DE 20 and 20-1). The Plaintiff, Stanley Jones, filed a response in opposition to the motion (DE 23) and B & J filed a reply brief (DE 24). For the reasons discussed below, the motion is GRANTED in part and DENIED in part. The ' motion is granted as to the Plaintiffs claims against the Defendant based on his demotion. The motion is denied as to the Plaintiffs claims based on his termination.

BACKGROUND

Stanley Jones began working for Mid-dlebury Enterprises, Inc., the predecessor of B & J, in March of 1993 as a saw operator. Jones held' various positions with the company, including press operator, press operator supervisor, and machine maintenance. Eventually, Jones was promoted to plant manager. In 2009, B & J purchased Middlebury and retained the latter’s employees, including Jones. Jones’ supervisors included Andreas Müller, the President of B & J, Bent Toft Andersen, the General Manager of Manufacturing, and his direct supervisor was Todd Hart, General Manager. In 2011, B & J decided to hire a new plant manager. According to B & J, “[t]his decision was ultimately made by Andreas Müller, based on Bent Andersen’s recommendation that the Plaintiff lacked the necessary administrative and technical skills and was pot satisfactorily fulfilling the job responsibilities for the role of plant manager.” Defendant’s Mem[758]*758orandum, p. 4. B & J also claims that “Bent Andersen’s recommendation was based on his own observation of the Plaintiffs lack of understanding of finances, lack of managerial skills, and lack of technical skills necessary to assist in solving quality issues.” Id. On March 5, 2012, B & J hired Mark Wallick as its new plant manager. Jones-was 63 years old at the time , and Wallick. was “at least twenty yearsi younger .... ” Plaintiffs Response, p. 5. When Wallick was hired, Jones was “demoted to assistant plant 'manager.” Defendant’s Memorandum, p. 5. In October 2012, B & J informed Jones “that, in order for him. to continue working for the Defendant, his [salary] would need to be reduced ,.. [by] approximately $200 per week.” Id., p. 6. Finally, “[o]n October 19, 2012, Mark Wallick — the Plaintiffs direct supervisor — made the decision that the plaintiffs employment should be terminated as a result of his failure to satisfactorily perform his job responsibilities as assistant plant manager.” Id.1 Wallick conveyed his concerns to Andersen, who then “sought— and obtained — Andreas Müller’s approval for the decision to terminate the Plaintiff ____ A few weeks later, Mark Wallick informed the Plaintiff that his employment with the Defendant would be terminated at the end,of the year.” Id., p. 7. Jones was given three months of severance pay and signed a retirement announcement on Dei-cember 3, 2012. Id. The retirement statement read,, in its entirety, as follows:

B & J Rocket America, Ine[.] would like to acknowledge Stan Jones and his 20 years of dedicated service with our company. Stan will be retiring December • 31st 2012 as part [sic] of his retirement package he will receive 3 months of severance. Stan’s payments' will be distributed on the 1st payroll of each month, January through March 2013.
We, as a company, want to sincerely thank Stan for his loyalty , and service through the years. Stan was a great asset and will be truly missed.

DE 20-2, Defendant’s Exh. 8, Retirement Announcement. The announcement was signed by Andersen, Wallick and Jones.

In his response in opposition to B & J’s motion, Jones presents a contrary version of his employment history with B & J and the events that led to his termination. Jones states that in February -2012 he was told by “an outside electrician who had done electrical work for [B & J] for many years ... that the Company was looking for another Plant Manager.” Plaintiffs Response, p. 4. Jones claims that he heard the same rumor from a maintenance employee at B & J. Id. Jones states that he confronted Andersen and asked if the rumors that B & J intended to hire a new plant manager were true. According- to Jones, Andersen responded by . saying “Yes, were replacing you because of your age and your health. But don’t worry. You’ll get to work until you’re 66 because it’s going to take a long time to train this new guy, whoever we find.” Id.; (Jones Deposition, DE 23-2, Exh. 1, p. 36).2 Jones testified that he responded by saying, “Okay. I’m fine with that.” Id. Jones claims that it was his intention all along to [759]*759work until age 66, and that he conveyed this intention to Andersen- and other “B & J Rocket representatives” when he initially interviewed for continued employment following B & J’s purchase of Middlebury. Plaintiffs Response, p. 10. In fact, Jones claims that during that initial interview, “... three representatives from B & J Rocket — Midler,. Andersen,, and another male — called each employee into the previous owner’s office ... and asked, the individual if he or she was willing to stay at B & J Rocket America.. ..... Jones said he was willing to stay and the B & J Rocket representatives said, “Well,, you’re getting up there in age — how long do you want to work before you retire?’ ” It was at that time, says Jones, that he told the men he planned to work until age 66. Jones concedes that “Andersen does not recall this conversation.” Id., pp. 9-10.

Jones also states that he suffered with medical issues related to his legs throughout the time he was employed at B & J. Jones states that he was injured by shrapnel during the Vietnam War, and “was able to walk short distances, but he bought an electric scooter to travel longer distances .... Todd Hart, the General Manager at the time, approved the use of the electric scooter in the plant.” Id., p. 2. Jones’ problems with his legs, which began in 1999, worsened, and “[in 2010, [he] had a stent placed in his right leg.... In the fall of 2011, [he] had bypass surgery in his left leg — After the bypass surgery, [he] was off work for approximately two weeks — Andersen knew that Jones had problems with ,his legs, needed the electric scooter, and had to take some time away from work to. have these medical procedures performed.” Id., pp. 3-4.

Jones also states that he “was never told that there were any issues with the performance of his job .... At no point during his employment at B & J Rocket, before or after Walliek was hired, did Jones ever hear any concerns about his performance- .... Walliek never ■ wrote Jones up, gave him a performance review, or made any negative comments about Jones’ performance.” Id., p. 7 (citing deposition testimony). Finally, Jones tells of an encounter he had with Muller at B & J’s company Christmas party on December 19, 2012. According to Jones, Müller ap--proached him at the party and said, “Congratulations on your retirement. Got any plans?” Jones claims he responded, “[p]lans? What are you talking about? I didn’t plan on retiring. Why is this happening?” Müller, according to Jones, responded .by saying, “[j]ust business, Stan. Just business.” Id., p. 8.

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148 F. Supp. 3d 755, 2015 U.S. Dist. LEXIS 160699, 128 Fair Empl. Prac. Cas. (BNA) 735, 2015 WL 7738037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-b-j-rocket-america-inc-innd-2015.