Patti Englehart v. First Capitol Baking, Inc. and Dan Serra, Individually and in his Corporate Capacities

CourtCourt of Appeals of Iowa
DecidedFebruary 5, 2025
Docket24-0263
StatusPublished

This text of Patti Englehart v. First Capitol Baking, Inc. and Dan Serra, Individually and in his Corporate Capacities (Patti Englehart v. First Capitol Baking, Inc. and Dan Serra, Individually and in his Corporate Capacities) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Patti Englehart v. First Capitol Baking, Inc. and Dan Serra, Individually and in his Corporate Capacities, (iowactapp 2025).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 24-0263 Filed February 5, 2025

PATTI ENGLEHART, Plaintiff-Appellant,

vs.

FIRST CAPITOL BAKING, INC. and DAN SERRA, Individually and in his Corporate Capacities, Defendants-Appellees. ________________________________________________________________

Appeal from the Iowa District Court for Des Moines County, John M. Wright,

Judge.

The plaintiff in a wrongful termination case appeals several evidentiary

rulings made by the trial court. AFFIRMED.

Emily E. Wilson, Melissa C. Hasso, and Mark D. Sherinian of Sherinian,

Hasso & Wilson Law Firm, Des Moines, for appellant.

Leslie Behaunek, Frank B. Harty, Katherine D. Hamilton (until withdrawal),

and Haley Y. Hermanson (until withdrawal) of Nyemaster Goode, P.C., Des

Moines, for appellees.

Heard by Greer, P.J., and Buller and Langholz, JJ. 2

GREER, Presiding Judge.

After being terminated from her employment on July 9, 2021, Patti Englehart

filed suit against First Capitol Baking, Inc. and Daniel Serra, the owner, (collectively

First Capitol Baking) alleging one count of wrongful termination in violation of public

policy. Englehart contended she was fired because she complained about a

deduction in her paycheck. First Capitol Baking asserts she was fired for cause—

poor performance and because she consistently “created drama” at the baking

company. After a four-day trial, the jury returned a verdict in favor of First Capitol

Baking. Englehart now appeals on a variety of evidentiary grounds. Finding no

abuse of discretion or reversible error in the district court’s evidentiary rulings, we

affirm.

I. Background Facts and Proceedings.

Serra, who owns a Massachusetts baking company, became interested in

a non-operational baking facility in Iowa and bought it to restart it as a new

company called First Capitol Baking, Inc. Deb Zimmerman, Englehart’s best

friend, was recruited to work as the plant manager at First Capitol Baking, Inc. In

April 2021, Zimmerman recommended Englehart for employment as a “safe quality

food practitioner” (SQF), even though she was not yet certified for the position.

The company attempted to train Englehart. However, by early May, the food safety

director, Jeff McCarroll, hired Rebecca Garrett to replace Englehart as the SQF.

McCarroll advocated for Englehart’s termination because of the “drama” she

caused and her poor performance. But after discussion with Serra and

Zimmerman, Englehart was given another chance and was moved from the SQF 3

position to work as the human resources representative. All in all, Englehart’s term

of employment lasted less than four months; she was terminated on July 9, 2021.

On July 8, in a series of events described at trial as the “final straw,”

Englehart noticed a deduction from her paycheck—it was short by a day’s pay.

Confused by the deduction, Englehart followed the chain of command, first calling

Sarah Kellogg, the administrative assistant who handled payroll for Serra’s baking

companies. Not able to connect, Englehart left a message. Hearing no reply,

Englehart sent a text message that evening to the plant manager, Bruce Forman,

asking if he knew anything about the discrepancy. Forman replied, stating he

would have to “ask Sarah.” Englehart messaged back that she had tried to ask

Kellogg but had to leave a message for her. Next, Englehart called McCarroll; he

also told her to contact Kellogg about the issue. Later that same night, Englehart,

frustrated at this point, decided to send Serra a text message, which said:

I’m sorry to contact you directly, but I can’t get any answers from anyone else and didn’t know if you could help. My check was about $150 short, and I wasn’t sure why. I don’t have my Checkwriters login information in front of me. I went through the proper order to get to you. I even talked to Jeff. If you don’t know why it’s short, that’s fine, but if you do, I figured you would be the one to tell me. And I know you can’t be disappointed - mad at me for not doing my job because between Jeff, Russ and Bruce I don’t even know what my job is.

Around 5:35 a.m. the next day, Serra replied to Englehart, informing her the

deduction was a result of her “call-out” from work on July 2; Englehart could not

get to work that day because of a flat tire. Englehart responded with a series of

six text messages, attempting to explain why she believed her check should not

have had any deduction. She included a retort: “If I’m going to get deducted like 4

hourly people maybe I should just go hourly??!” After these messages were sent

but before Serra could respond, Forman called Serra and told him there was a

“situation” at the plant; Englehart had been telling other employees she was not

getting paid and they would not be paid. With this information in hand, Serra sent

another message to Englehart later that morning:

Serra and Englehart testified differently as to whether Serra actually called at

6:35 a.m. and spoke to Englehart the morning of July 9. Englehart testified that

Serra did not call until five to ten minutes after receiving her last text message,

during which Serra terminated Englehart’s employment. Serra said he called

Englehart before he called to terminate her.

Evidence presented at trial showed that before she started at First Capitol

Baking, Inc., Englehart told employees that the former owners of the bakery were

watching them through surveillance cameras, even though First Capitol Baking,

Inc. now owned and maintained the manufacturing facility. Through testimony and

exhibits, First Capitol Baking described other efforts by Englehart to cause “drama”

at the plant despite her role as the human resource representative. Englehart

denied any effort to cause drama, insisting she was a good employee and

performed her job well. 5

In the company’s view, Zimmerman and Englehart were “attached at the

hip,” engaging in acts and gossip that disrupted the work force. An exhibit setting

out messages between the two while they were both still employed at the baking

company referenced recording conversations of employees in the workplace. The

discussion went so far as to debate the pros and cons of different surveillance

methods, including a pen microphone and a baby monitor. As for Englehart’s

behavior, there was evidence offered that she spread dramatic narratives, for

example, telling employees the First Capitol Baking, Inc.’s executives were

“watching every key stroke that’s made.” When an unhappy Englehart was moved

to the human resource position, she engaged in gossip and started rumors about

her replacement, Garrett. According to First Capitol Baking, she also perpetuated

gossip that Forman asked another employee to “set[] something up for the

inspectors to find.”

Unrelated to Englehart’s termination, Zimmerman was placed on leave and,

ultimately, her employment was terminated on August 5, 2021. That night, First

Capitol Baking, Inc. experienced a break-in, with no evidence of forced entry. First

Capitol Baking contended that Zimmerman and Englehart entered the baking

facility and stole Englehart’s laptop and surveillance hard drive. And at the time of

trial, Englehart had possession of a laptop like the one she had at her job with First

Capitol Baking, Inc.

After her termination in July, Englehart filed suit against Serra and First

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Patti Englehart v. First Capitol Baking, Inc. and Dan Serra, Individually and in his Corporate Capacities, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patti-englehart-v-first-capitol-baking-inc-and-dan-serra-individually-iowactapp-2025.