Lamer v. Metaldyne Co. LLC

240 F. App'x 22
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 21, 2007
Docket06-3555
StatusUnpublished
Cited by19 cases

This text of 240 F. App'x 22 (Lamer v. Metaldyne Co. LLC) 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
Lamer v. Metaldyne Co. LLC, 240 F. App'x 22 (6th Cir. 2007).

Opinions

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant Daniel Lamer (“Lamer”) sued Defendant-Appellee Metaldyne Company LLC (“Metaldyne”) in the United States District Court for the Northern District of Ohio, alleging retaliation 1 in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (“Title VII”); 42 U.S.C. § 1981; and Ohio Rev.Code Ann. § 4112.02(1) (West 2001); and wrongful discharge in violation of federal and Ohio public policy. The district court granted summary judgment in favor of Metaldyne on all of Lamer’s claims, and Lamer now appeals. For the reasons set forth below, we REVERSE the grant of summary judgment and REMAND this case to the district court for further proceedings.

I. BACKGROUND

Lamer began working as a welder for Metaldyne’s predecessor in interest, Lester Precision Die Casting, Inc. (“Lester”), in 1981. Throughout Lamer’s employment with Lester, Lester maintained the following policy, set forth in the employee handbook, concerning employee absences:

Attendance policy — An absence is defined as working less than six (6) hours of your normal shift. For example, if you are late more than two (2) hours, you will be considered absent. Or if you leave the plant more than two (2) hours before the end of your shift, you will be considered absent. Or, any combination of late arrivals and early exits that causes you to work less than six (6) hours of your normal shift will be counted as an absence.
When you are absent for one or more consecutive work days for any reason, you will be given an attendance point. [24]*24If you accumulate four (4) attendance points, a written reminder will be issued by your supervisor. Another reminder will be issued at the fifth (5th) attendance point. If you accumulate a sixth (6th) attendance point, you will be counseled by your supervisor regarding your attendance record and a written notice will be issued to you. If you accumulate a[ ] seventh (7th) attendance point, you will be counseled by your supervisor regarding the seriousness of the situation and will be given a final written warning. If you accumulate an eighth (8th) attendance point, your employment with Lester will end.

Joint Appendix (“J.A.”) at 167 (Lamer Dep., Ex. F, at 35).

The employee handbook also provided a method for employees to expunge absences:

Attendance Corrective procedures— You can correct your absence record by maintaining thirty (30) calendar days of perfect attendance following an incident of absenteeism. For example, you miss a day of work. If thirty (30) calendar days pass and you have not missed any days of work, an attendance point would be dropped. Additional attendance points would be dropped, one (1) point for each thirty (30) calendar days you work without an absence.
* # *
The only way to improve your attendance record is by completing thirty (30) calendar days without an absence.

J.A. at 167-68 (Lamer Dep., Ex. F, at 35-36).

Lester additionally maintained a formal policy regarding tardiness:

Tardiness Policy — Tardiness is defined as being late to work two (2) hours or less, or leaving the plant two (2) hours or less before the end of your normal shift, or any combination of late arrival and early exit that adds up to two (2) hours or less in a day. If you are asked to leave the plant by your supervisor for lack of work, machine breakdown, or an act of God, for example, it will not be considered an early out.
When you are tardy or leave early, you will be given a late point. If you accumulate four (4) late points, a written reminder will be issued by your supervisor. Another reminder will be issued at the fifth (5th) late point. If you accumulate six (6) late points, you will be counseled by your supervisor regarding your tardiness record and a written notice will be issued to you. If you accumulate a seven[th] (7th) late point, you will be counseled by your supervisor regarding the seriousness of the situation and will be given a final written warning. If you accumulate an eighth (8th) late point, your employment with Lester will end.
Arriving late or leaving early on any day you are scheduled to work will be considered as tardy under this policy.
As with absences, you are expected to call in reporting that you will be late directly to your supervisor one-half hour prior to the start of your shift.

J.A. at 168 (Lamer Dep., Ex. F, at 36). An employee could improve his or her tardiness record “by maintaining thirty (30) calendar days of no tardiness following an incident of tardiness.” Id.

Throughout his tenure at Lester, Lamer exhibited a pattern of tardiness and absenteeism. In 1987, Lamer had nine documented absences and ten “1/3 absences.”2 J.A. at 173 (May 13,1988 Employee Reprimand). In 1988, he was absent thirteen [25]*25times and “1/3 absent” sixteen times. J.A. at 180-81 (July 19,1988 and September 27, 1988 Employee Reprimands). In 1994, Lamer failed on at least three occasions to report an absence thirty minutes before the beginning of his shift. J.A. at 189 (Dec. 8, 1994 Employee Reprimand) (noting two previous reprimands for the same violation). He accumulated at least four tardy points in 1999, J.A. at 190 (Dec. 21, 1999 Attendance Reminder/Reprimand), and a total of eight in 2000, J.A. at 191-92 (Jan. 25, 2000 and Dec. 19, 2000 Attendance Reminders/Reprimands). During his 2000 annual review, conducted on February 10, 2000, Lamer was rated below-average in attendance and punctuality. J.A. at 203 (2000 Hourly Employee Appraisal). The reviewer, supervisor Albert Overman (“Overman”), commented, “Dan is at his work station ready to go to work at the sound of the buzzer. However he needs to work on his attendance.... Dan has missed 6 days and has been late or left early a total of ten times. Dan, let[’]s try to set a goal over the next year [to] improve your attendance.” Id. Lamer refused to sign the review. Id.

On February 24, 2000, Lamer made homophobic remarks to other employees during a training course. As a result, and as a condition of retaining his employment, Lamer was required to sign a Last Chance Agreement (“LCA”). The LCA provided, in relevant part, as follows:

The Company has determined that Lamer has engaged in inappropriate conduct in the workplace that is wholly inconsistent with [the] Company’s standards and expectations. On a number of occasions Lamer has demonstrated a negative, insensitive and/or insubordinate attitude towards management and co-workers, including making disparaging and inflammatory comments about another employee’s personal life. Although Lamer’s conduct constitutes grounds for termination, Lester has determined that Lamer may remain employed with the Company provided that he expressly agrees to abide by the Company’s policies, practices, work rules, safety rules and standards of conduct.

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Cite This Page — Counsel Stack

Bluebook (online)
240 F. App'x 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamer-v-metaldyne-co-llc-ca6-2007.