Ploplis v. Panos Hotel Group, L.L.C.

267 F. Supp. 2d 487, 2003 U.S. Dist. LEXIS 10290, 2003 WL 21404134
CourtDistrict Court, M.D. North Carolina
DecidedJune 17, 2003
Docket1:01 CV 00592
StatusPublished
Cited by3 cases

This text of 267 F. Supp. 2d 487 (Ploplis v. Panos Hotel Group, L.L.C.) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ploplis v. Panos Hotel Group, L.L.C., 267 F. Supp. 2d 487, 2003 U.S. Dist. LEXIS 10290, 2003 WL 21404134 (M.D.N.C. 2003).

Opinion

MEMORANDUM OPINION AND ORDER

ELIASON, United States Magistrate Judge.

This case comes before the Court on defendant’s motion for summary judgment. That motion has been fully briefed by the parties and is now ready for decision.

*489 Facts

The facts in this case are relatively undisputed and are as follows. Defendant provides hotel management services to a group of Hampton Inn and Hilton Garden Inns located in the vicinity of Charlotte, North Carolina. In 1996, plaintiff went to work for defendant as an Outside Sales Manager for the Hampton Inn in Concord, North Carolina. Over the years, she received good performance reviews and was promoted to General Manager of the Concord Hampton. While in that position, she was supervised by Aubie Cook and Sidney Wilson, both of whom worked in defendant’s corporate office. Her duties included ensuring that the hotel ran smoothly, along with supervising housekeeping, the front desk, sales and marketing, and maintenance.

In June of 1999, plaintiff was reassigned to the Hampton Inn and Suites in Pine-ville, North Carolina, as an assistant manager to Todd Middleton. However, due to defendant’s dissatisfaction with Middleton, this arrangement did not last long. The Pineville Hampton was undergoing a large reconstruction project and its revenue, occupancy, and quality assurance scores had greatly declined. While some of the decline was attributable to the construction, defendant still expected that the rooms and common areas of the hotel would be kept clean and orderly. Defendant felt that Middleton had been unable to accomplish this and that he was not managing his staff effectively. Accordingly, in August of 1999, defendant terminated Middle^ ton and promoted plaintiff to General Manager of the Pineville Hampton. (Pl.’s Dep. at 67)

Greg Panos, defendant’s president, testified in his deposition that he was dissatisfied with plaintiffs performance as General Manager of the Concord Hampton and that he disagreed with Cook and Wilson’s decision to transfer her to Pineville and then promote her to the General Manager position there. Based partly on these decisions and partly on other issues, Panos went outside the company and hired Bill Spencer to make management changes. Spencer became plaintiffs supervisor in November or December of 1999, although Wilson also retained some supervisory duties during this time.

The parties’ disagree on the quality of plaintiffs job performance while at the Pineville Hampton. Plaintiff points to the fact that in November of 1999, the Pine-ville Hampton won defendant’s “Best of the Best” award based on a quality assurance survey conducted in October of that year. This was a Panos-implemented inspection program. She also points to Au-bie Cook’s assessment that plaintiff did a good job when she worked in Concord, North Carolina. Finally, plaintiff submits four letters which she maintains reflect on her job performance. Two are from customers who were pleased with their stay at the Pinevillé property in late November or early December of 1999. (However, one was sent because the customer apparently received a complimentary room after some sort of room assignment mistake.) The other two letters are responses from Greg Panos to those two customers. Panos’ letters are general in nature, thanking the customers for the letters and saying that defendant was glad to have met their needs and achieved its service goals. One letter does state that defendant is very proud of plaintiff and her team.

■ Defendant paints a different picture: It points to the fact that the owners of the Hampton Inn gave the Pineville Hampton low quality assurance scores and rankings (based on customer surveys) for part of the third and fourth quarters of 1999 when plaintiff was the general manager. (Pl.’s Dep. at 101, 105, 164-169) Also in Decern- *490 ber of 1999, several significant events occurred. Greg Panos testified at his deposition that while attending a Christmas party at the Pinevilie Hampton, he was “accosted” by two members of the housekeeping staff who complained about plaintiffs management of the hotel. Then, a few days later, he visited the hotel and found the lobby was dirty and that the hotel was “in disarray.” He was so displeased that he removed the “Best of the Best” sign from the lobby, telling those present that the award should not be displayed in a such a lobby. He then contacted Spencer and told Spencer that the property was not getting better and that Spencer needed to “do something.” A week or so later, Spencer informed him that he had moved plaintiff to a sales position and made Wilson the manager of the Pinevilie Hampton. (Panos Dep. at 66-67)

In early January of 2000, Spencer moved Wilson (at his request) out of the corporate office and into the position of Area Manager over the Pinevilie Hampton and a Hilton Garden Inn which was going to be opened next door to it. He also wrote a memorandum entitled “Announcement of Company Restructuring,” dated January 12, 2000, which stated that Wilson was the Area Manager of the Pinevilie hotels, while plaintiff was temporarily reassigned to sales for the Pinevilie Hamp-ton.

From that point on, plaintiff attended sales meetings. However, she testified that Spencer implied that once the hotel next door was finished and Wilson was working there, she would again be the General Manager of the Pinevilie Hamp-ton. Plaintiff further testified that Wilson had little to do with the Pinevilie Hampton because he was involved with work at another hotel and with opening the Hilton next door. For this reason, she continued to run the Pinevilie Hampton during January and February of 2000 much as she had before the January restructuring. Also, her salary was not reduced.

On January 7, 2000, plaintiff saw an obstetrician who confirmed that she was pregnant. She first told only Wilson and a friend who was the manager of another hotel. However, on January 27, 2000, she told Bill Spencer, made a general announcement at a General Manager’s meeting, and then told Greg Panos following the meeting. She told other management on the following day. No one responded in any sort of negative fashion.

In mid to late February of 2000, Spencer informed plaintiff that the Pinevilie Hamp-ton had lost or could lose some corporate accounts because of cleanliness and service problems with the hotel. (Spencer Aff.; Pl.’s Dep. at 105) These accounts would have been the General Manager’s responsibility and would have reflected on plaintiffs performance in sales. (Pl.’s Dep. at 110,112)

Soon after these problems, Spencer hired Jerry Anderson, who had 13 years of hotel management experience, to work as the General Manager of the Pinevilie Hampton. Immediately afterward, Wilson informed her that a new General Manager was coming that day, that Spencer had ordered him to demote plaintiff to Assistant General Manager of the Pinevilie Hampton, and that plaintiffs salary was being reduced by $7,000. (Pl.’s Dep. at 138-140) Spencer gave Wilson four reasons for plaintiffs demotion: (1) cleanliness problems at the Pinevilie Hampton, (2) customer service complaints from the Steritech account, (3) the loss of two major corporate accounts, and (4) the failure to have documented Weekly Staff Department Meetings. These four reasons were incorporated by Spencer into a memorandum on March 9, 2002. (Pl.’s Dep. at 151

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267 F. Supp. 2d 487, 2003 U.S. Dist. LEXIS 10290, 2003 WL 21404134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ploplis-v-panos-hotel-group-llc-ncmd-2003.