Lawroski v. Nationwide Mutual Insurance

981 F. Supp. 2d 704, 2013 WL 5934012, 2013 U.S. Dist. LEXIS 157151
CourtDistrict Court, S.D. Ohio
DecidedNovember 1, 2013
DocketCase No. 2:11-cv-1074
StatusPublished
Cited by3 cases

This text of 981 F. Supp. 2d 704 (Lawroski v. Nationwide Mutual Insurance) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawroski v. Nationwide Mutual Insurance, 981 F. Supp. 2d 704, 2013 WL 5934012, 2013 U.S. Dist. LEXIS 157151 (S.D. Ohio 2013).

Opinion

OPINION AND ORDER

EDMUND A. SARGUS, JR., District Judge.

Philip J. Lawroski filed this age discrimination case against Defendants Nationwide Mutual Insurance Company and Nationwide’s Vice President of Finance and Chief Financial Officer of Property & Casualty Operations Lynda Butler. This matter is before the Court on Defendants’ Motion for Summary Judgment (ECF No. 33) and Plaintiffs Motion for Leave to File Surreply Instanter (ECF No. 36). For the reasons that follow, the Court GRANTS both motions.

I.

Unless otherwise noted, the following facts are uncontroverted and are viewed in the light most favorable to Plaintiff, drawing all justifiable inferences in his favor. See Anderson v. Liberty Lobby, Inc., 477 [707]*707U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (citations omitted).

Defendant Nationwide Mutual Insurance Company is a mutual insurance company headquartered in Columbus, Ohio. Nationwide and its subsidiaries offer property and casualty insurance, health insurance products, life and retirement savings products, and asset management products to individuals and businesses. Generally, Nationwide’s Property and Casualty (“P & C”) division insures homes and automobiles, while its life, health, and retirement products are considered part of the company’s Financial Services division. Nationwide has separate finance departments organized to support its P & C businesses and its Financial Services businesses.

The P & C and Financial Services organizations each have their own Chief Financial Officer (“CFO”), who reports to the CFO of the entire enterprise. Additional business unit CFOs report to the CFOs for P & C businesses and for Financial Services businesses and are organized to support the distribution channels and/or product lines for Nationwide’s services (e.ff., via independent insurance agents or exclusive agents).

On October 31, 1994, Nationwide hired Plaintiff as a manager in the Finance Projects Department that supported Nationwide’s Enterprise CFO. Plaintiff held that position until 1999, when he was promoted to the corporate life actuarial group in the Financial Services division. In 2003, financial constraints led to a downsizing and Plaintiffs position was eliminated. Pursuant to company policy, Plaintiff was provided sixty (60) days to find another position within Nationwide. Plaintiff secured a position as an Agency Business Consultant within the 60-day period.

The following year, Plaintiff took a position in Cleveland, Ohio with Nationwide’s Titan Insurance business unit, which provides a high risk automobile insurance product. In March 2007, Plaintiff was promoted to a Financial Business Director in the Titan group. Plaintiff held that position until the end of 2008, when economic factors forced Titan to reorganize its staff and Plaintiff to consider other opportunities within Nationwide.

Two managers in Columbus, Wendell Crosser and David Braun, contacted Plaintiff with an opportunity to move back to Columbus and work as a Financial Business Director on projects for the P & C Finance Organization’s Exclusive Channel, the Independent Agent Channel, and the High-Risk Auto Channel. Plaintiff explained that, “between all those channels, there w[ould] be plenty of work.” (PI. Dep. at 82, ECF No. 27.) Plaintiff accepted this position, which provided work from all three of the named channels; however, Plaintiff reported to Braun in the Exclusive Channel organization.

In April 2009, Nationwide made organizational changes to the P & C Finance departments. At that time, Defendant Butler replaced Braun and assumed the title Vice President of Finance and CFO of Nationwide Insurance P & C operations. Also as part of these changes, a team reporting to Peter Rothermel became part of Butler’s department and Christopher Lane joined the department with responsibility for overseeing what had been two separate teams of regional finance support professionals that previously reported directly to Butler. In 2010, Butler’s direct reports were Rothermel, Lane, Mark Dielman, and Plaintiff.

In Plaintiffs 2010 mid-year review, Butler noted her struggle finding projects for Plaintiff, and by August 2010, she determined that there was insufficient work for Plaintiff to justify the cost of the position in her budget. At that time, she informed [708]*708Plaintiff that his position was going to be eliminated in 2011. Plaintiff testified that after Butler first spoke with him about the elimination of his position, she indicated that she was going to “be able to work something out” and that she was considering “expanding his role.” (PI. Dep. at 257.) Butler communicated with her peers about Plaintiffs availability for any projects on which they may be able to utilize his services. Plaintiff was not approached by these individuals with any additional work or assignments. Defendants submit that they therefore eliminated Plaintiffs position because the workload did not justify his position, and its elimination would achieve cost savings. Plaintiff was given a sixty-day period to attempt to secure another job within Nationwide.

Plaintiff applied for an opening listed as a Financial Business Director position on Rothermel’s team. Defendants submit evidence showing that the position was previously held by Dan Dolsky, who was terminated for poor performance in the Spring of 2010. At the time Dolsky was terminated, the position was titled “Senior Consultant,” which is the same position as a Financial Business Director except that the latter position also supervises at least one other individual. Plaintiff takes issue with Defendants’ evidence, and argues that the work that was performed in this position was not Dolsky’s previous work but was instead the work that was taken from him when his position was eliminated.

Plaintiff, Stephanie Elliot, Michael Li-gas, Jon Reidler, and Hal Richer were all interviewed for the position. Plaintiff was 55 years old at the time, and all other applicants were all under 40. The interviewers were Butler, Rothermel, and another manager Lee Sheeran. Each interviewer scored the applicants from 1 to 5 in a number of categories (e.g., professional presentation, technical proficiency, cross-departmental leadership potential, communication skills) and these scores were tallied to rank the applicants. (ECF No. 33-2, Ex. A.) The applicants scored as follows: 155 for Ligas, 129 for Richer, 127 for Elliot, 117 for Reidler, and 105 for Plaintiff. Ligas was ranked first by every interviewer. Plaintiff was placed neither first nor second by any interviewer. Rothermel was the hiring manager responsible for the final hiring decision, while Butler was required to approve or disapprove his choice. Rothermel chose to offer the position to Ligas, who was 34 years old at the time. Butler approved Rothermel’s decision.

Plaintiff was unable to secure a new position within Nationwide and was terminated on April 16, 2011. On December 1, 2011, Plaintiff filed this action under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623(a) and the Ohio Revised Code Chapter 4112, alleging that Defendants terminated him and failed to award him the Financial Business Director position on Rothermel’s team because of his age.

II.

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Cite This Page — Counsel Stack

Bluebook (online)
981 F. Supp. 2d 704, 2013 WL 5934012, 2013 U.S. Dist. LEXIS 157151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawroski-v-nationwide-mutual-insurance-ohsd-2013.