Maher v. Texas Roadhouse Management Corp.

262 F. Supp. 3d 772
CourtDistrict Court, W.D. Wisconsin
DecidedJune 30, 2017
Docket16-cv-129-wmc
StatusPublished

This text of 262 F. Supp. 3d 772 (Maher v. Texas Roadhouse Management Corp.) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maher v. Texas Roadhouse Management Corp., 262 F. Supp. 3d 772 (W.D. Wis. 2017).

Opinion

OPINION AND ORDER

WILLIAM M; CONLEY, District Judge

In 2013 arid 2014, plaintiff Jack L. Maher and defendant David A. Hess, an employee of defendant Texas Roadhouse Management Corp., had discussions about Maher coming to work for Texas Roadhouse. Eventually," Maher resigned from his then-employer and began working for Texas Roadhouse, although not in the position he desired. In this lawsuit, plaintiff brings claims under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., as well as common law breach of contract, promissory estop-pel and fraud, allegirig that defendants (1) intentionally misled him about the position he would fill, (2) failed to fulfill their promises regarding his opportunity to obtain that position, and (3) denied him that position because of his age. Before the court is defendants’ motion seeking suirimary judgment oh all of plaintiffs claims. (Dkt. # 20.) Because the court finds that plaintiff has failed to put forth sufficient evidence from which a reasonable juror could find in his favor on the ADEA or common law claims, the court will grant defendants’ motion for summary judgment in its entirety- and enter judgment in their favor.

UNDISPUTED FACTS1

A. Texas Roadhouse Overview

Defendant Texas Roadhouse Management Corp. is a subsidiary of Texas Roadhouse Inc., which owns and operates restaurants throughout the United States. The named defendant is the direct employer of all workers at the Texas Roadhouse [776]*776restaurants. For ease of reference, therefore, the court will simply refer to defendant as “Texas Roadhouse.”

Each Texas Roadhouse restaurant has a “managing partner,” who is tasked with overseeing general restaurant operations, including supervising kitchen managers, service managers and hourly employees. Each managing partner has an ownership interest in his or her restaurant and is required to make a financial investment. Managing partners report to “market partners,” who are responsible for supervising several restaurants. Market partners, in turn, report to one of three “regional partners,” each being responsible for approximately a third of the Texas Roadhouse markets in the United States.

Defendant David Hess began working for Texas Roadhouse in 1998. His date of birth is February 16, 1972, making him 45 years old today and between 41 to 44 years old during the relevant events to this lawsuit. In 2006, he was transferred to serve as the managing partner of the Texas Roadhouse restaurant in Waukesha, Wisconsin; and in November of 2013, he became the managing partner of the Texas Roadhouse on the east side of Madison, Wisconsin. Hess also served as “interim” market partner for a group of restaurants, including the Waukesha and Madison restaurants between October of 2013 and approximately January 23,2014.

An external candidate hired to be a permanent market partner is first hired as a “manager in training,” who spends approximately four months at a designated Texas Roadhouse training restaurant. During the approximately four months that Hess acted as interim market manager, Rob La-Pointe was completing training to take over that market partner position. At all times relevant to this lawsuit, Rick Kaskel was the regional partner for a market area that included the Wisconsin restaurants.

B. Plaintiffs Background and Interview Process

Plaintiff Jack Maher’s date of birth is September 27, 1967, making him 49 years old today, and between 46 and 47 years old during the events material to this lawsuit. By the time he began his employment with Texas Roadhouse, Maher had more than twenty-five years of experience managing restaurants. Most recently before Texas Roadhouse, he was a General Manager for a Red Robin restaurant earning $85,000 per year. In or around November of 2013, Maher’s two sisters-in-law who worked at the Madison Texas Roadhouse restaurant told defendant Hess that Maher was interested in working for Texas Roadhouse. At that time, Maher was residing in Sun Prairie, Wisconsin, a suburb of Madison.

Hess contacted Maher to discuss working for Texas Roadhouse, and the two met in person on November 11, 2013. As part of his responsibilities as interim market partner, Hess was involved in the process to fill an open managing partner position at the restaurant in Waukesha, but he did not have the authority to actually hire the managing partner. The parties dispute whether Hess nevertheless told Maher that he did. (Defs.’ Reply to Defs.’ PFOFs (dkt. # 36) ¶¶ 26-27.) At their November 11 meeting, Hess discussed “general information” about the company and the position, while Maher discussed his employment background.

In that initial conversation, Hess told Maher that there was a possibility of a managing partner position opening in Madison at some point in the future, either if Hess were promoted to a market partner position or if Texas Roadhouse opened another location. Hess did not, however, provide Maher with a time-frame for when a managing partner position might become available in Madison. Moreover, the par[777]*777ties agree that Hess made no offer of employment.

On November 15, 2013, Maher, who lived in Sun Prairie at the time, notified Hess by text message that he was not interested in the Waukesha position because “[w]ith the travel costs [he] would be taking a pay cut,” but that he was “very interested” in positions that may be available in Madison. (Defs.’ Reply to Defs.’ PFOFs (dkt. # 36) ¶ 30.) Hess responded by text message that he was not aware of any opportunities in Madison, but that he would contact Maher “when Madison becfame] an option.” (Id. at ¶ 31.)

On December 6, 2013, Maher received a job offer from Doolittle’s Woodfire Grill restaurant in Madison. However, Maher reports that he turned down the position because he “preferred” the Texas Roadhouse managing partner position, which he understood was available to him. (Defs.’ Resp. to Pl.’s Add’l PFOFs (dkt. #37) ¶ 136.)

The next day, on December 7, Maher sent a follow up text to Hess, “rethinking” his stance on the Waukesha position and. hoping to “talk again soon.” (Defs.’ Reply to Defs.’ PFOFs (dkt. # 36) ¶ 32.) In response to Maher’s message, Hess indicated that they “would need to hurry” since the “position [was] almost taken.” (Defs.’ Resp. to Pl.’s Add’l PFOFs (dkt. #37) ¶137.) The two met at the Madison restaurant on December 10, 2013. This time, their discussion of the Waukesha managing partner position included Texas Roadhouse’s requirement that managing partners must (1) make “an initial investment of $25,000 • in their restaurant” and (2) sign an employment contract after they complete training. (Defs.’ Reply to Defs.’ PFOFs (dkt. #36) ¶ 33.)

While the parties again agree that Hess still did not offer Maher the position during that meeting, Hess did follow up afterward with Nicole Green, who worked in Texas Roadhouse’s legal department, to begin the formal application process for Maher.' Green then sent Maher an email with forms, including an employment application on December 20, 2013, which he completed that same day. For a reason Hess apparently did not explain, he told Maher to indicate that Maher was applying for a kitchen manager position, even though he was actually applying to be a managing partner.

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Cite This Page — Counsel Stack

Bluebook (online)
262 F. Supp. 3d 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maher-v-texas-roadhouse-management-corp-wiwd-2017.