Pilger v. D.M. Bowman, Inc.

833 F. Supp. 2d 489, 2011 U.S. Dist. LEXIS 59720, 112 Fair Empl. Prac. Cas. (BNA) 939, 2011 WL 2269342
CourtDistrict Court, D. Maryland
DecidedJune 3, 2011
DocketCivil No. WDQ-10-0597
StatusPublished
Cited by5 cases

This text of 833 F. Supp. 2d 489 (Pilger v. D.M. Bowman, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pilger v. D.M. Bowman, Inc., 833 F. Supp. 2d 489, 2011 U.S. Dist. LEXIS 59720, 112 Fair Empl. Prac. Cas. (BNA) 939, 2011 WL 2269342 (D. Md. 2011).

Opinion

MEMORANDUM OPINION

WILLIAM D. QUARLES, JR., District Judge.

Charles Pilger sued D.M. Bowman, Inc. (“Bowman”) for violations of the Age Discrimination in Employment Act (“ADEA”),1 the Family Medical Leave Act (“FMLA”),2 and Maryland law. For the following reasons, Bowman’s motion for summary judgment will be granted in part, and denied in part.

I. Background3

Bowman is a trucking company headquartered in Williamsport, Maryland. Charles Pilger Dep. 29:6-8, July 29, 2010. Id. It has nine repair facilities, including one in Williamsport, and others in Frederick, Maryland, Somerset, Pennsylvania, and Huntersville, North Carolina. Vincent Boarman Dep. 13:10-12; 16:11-18:3, August 12, 2010. Although some maintenance of Bowman trucks is performed at the repair facilities, much of the maintenance is performed by outside vendors who are coordinated through Bowman’s Williamsport maintenance division. Boar-man Dep. 59:20-60:14; Pilger Dep. 58:16-59:6.

In 1980, Pilger began working as a shop manager in Bowman’s maintenance division, and in June 1995, he became a maintenance team administrator. Def.’s Mot. Summ. J., Ex. A at ¶¶ 13 & 16. In 2006, Vincent Boarman became Bowman’s director of maintenance. Boarman Dep. [491]*4915:21-6:18. Boarman selected Maxwell Dunn to become the maintenance team leader, and in February 2007, Boarman transferred Pilger to the position of breakdown coordinator, making Dunn his direct supervisor. Id. 8:16-22, 10-14-17; Maxwell Dunn Dep. 8:5-9:18, October 21, 2010; Def.’s Mot. Summ. J., Ex. A at ¶¶ 16-18.

As the breakdown coordinator, Pilger was responsible for communicating with drivers about maintenance issues on the road, and contacting vendors to make repairs. Boarman Dep. 10:20-11:2. Pilger had authority to approve repairs up to $1,000; more expensive repairs required Dunn’s approval. Id. 11:2-6. Pilger was also responsible for reviewing and entering invoices for repairs he approved. Id. 11:19-13:2; 26:14-27:3.

On May 23, 2008, Dunn completed Pilger’s annual performance review, which stated that Pilger was “[v]ery knowledgeable” about equipment and good at completing repairs, worked well with vendors and others, and tried to get his job done in a timely manner. Pl.’s Opp’n, Appx. 46-53. Dunn rated all categories of Pilger’s performance as “meets expectations” or “exceeds expectations.” Id. That same month, Pilger was temporarily assigned to perform manager duties at Bowman’s Huntersville facility. Boarman Dep. 27:4-7. Following the Huntersville assignment, Dunn and Boarman noticed that Pilger had not entered all the facility’s invoices on a timely basis. Dunn Dep. 56:7-14; Def.’s Mot. Summ. J., Ex. E. Pilger was about three months behind which, Dunn states, was worse than any other employee he supervised. Dunn Dep. 54:8-15.4

On June 18, 2008, Don Meckley, Bowman’s director of operations, emailed Pilger, Dunn, and Boarman about “the ‘process’ for getting [Bowman] trucks serviced” in Augusta, Georgia. Pl.’s Opp’n, Ex. L. Pilger responded that trucks were “parked in a drop lot ... a few miles from our vendor C & A Repair,” and that C & A charged Bowman “$30 for [pick-up] and $30 for delivery. A safety inspection is done at that time & the trucks get an exterior wash.” Id. Dunn’s response to Pilger’s email was “Thanks”; Boarman did not respond. Id.

Later that summer, Pilger was assigned to temporary manager duties at Bowman’s Frederick facility. Def.’s Mot. Summ. J., Ex. F. He was to stay at Frederick until a new manager was hired and trained. Id. Without permission, Pilger returned to Williamsport on August 4, 2008. Id. On August 5, 2008, Dunn emailed Pilger that:

Neither [Boarman] nor I have given you permission to be back [in Williamsport] yet. I see that [Frederick] still has over 80 work orders on their side and [they are] going to need all the help that [they] can to get them closed for the end of the period. If I were you, I would hightail it back to Frederick and help ... get them done and then come next week, we will see ... about bringing you back to Williamsport. You seem to forget that you are not the one that makes that kind of decision without consulting [Boarman] or I.

Def.’s Mot. Summ. J., Ex G.

Later that day, Pilger and Boarman met in Pilger’s Williamsport office. Pilger told Boarman that he had returned to Williamsport because of a doctor’s appointment and because he thought the new manager in Frederick was adequately trained. Pilger Dep. 28:21-29:5; 29:16-21. When Boarman instructed him to return to Frederick the next day, Pilger stated that [492]*492he would be unable to because he had requested August 6th through August 8th off to help his wife take her mother to the doctor. Id. 31:7-20.5 Pilger’s request for leave had never been approved, and Boar-man told him he could not have those days off. Id. 31:21-32:3; 33:5-6. Pilger “reiterated to [Boarman] ... that ... being as late as it was, [he] could not find anyone to help [his] wife take her mother to the doctor’s,” but Boarman said if he did not show up in Frederick on August 6, he would be suspended. Id. 33:10-34:6. Pilger missed the next three days of work and was suspended for a week. Pl.’s Opp’n, Ex. H.

Boarman wrote a disciplinary action notice, which stated that he had “instructed [Pilger] to go back to his assigned work place” and “stay [there] until informed differently].” Def.’s Mot. Summ. J., Ex. F. Boarman said he told Pilger that “he had no vacation approved and needed to be where he was instructed to be,” and that “just submitting vacation is not an automatic approval.” Id. Boarman gave Pilger the notice when he returned from suspension on August 18, 2008.

On that day, Dunn gave Pilger a disciplinary action notice titled “final written warning.” Def.’s Mot. Summ. J., Ex. E.6 In the notice, Dunn wrote that when he discovered Pilger’s failure to input the Huntersville paperwork, he “told [Pilger] to get it in the system” three times, but Pilger “failed to follow instructions.” Id. The notice stated that Pilger was expected to “have all paperwork entered in the system before the end of Period 9.” Id. It also stated that he was expected to create a spreadsheet “detailing] how much time he spends on each break down and what else he does in a day’s time.” Id. When Dunn presented Pilger with the notice, he “refused to sign [it]” because he “felt there should have been changes.” Id.7

On January 26, 2009, Dunn and Boar-man asked to see Pilger in Dunn’s office. Pilger Dep. 61:11-14. Pilger was given a termination notice written by Boarman, which stated that Pilger had received previous disciplinary notifications, and explained:

I, as Director of Maintenance, was looking into [the] driving costs in the Augusta, Ga. operation and came across a thirty dollar routine inspection charge. I called [Pilger] and ask[ed] him what this was for. [Pilger said] that drivers were not doing their pre and post trip inspections, so he had the vendor start doing this ... I asked him why he would do this when he was stopped from doing this at another location in the middle of 2008 ... On 2/29/08 I called [Pilger] on my way back from our Augusta, Ga.

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833 F. Supp. 2d 489, 2011 U.S. Dist. LEXIS 59720, 112 Fair Empl. Prac. Cas. (BNA) 939, 2011 WL 2269342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pilger-v-dm-bowman-inc-mdd-2011.