Raiola v. Chevron USA, Inc.

872 So. 2d 79, 2004 WL 333366
CourtCourt of Appeals of Mississippi
DecidedFebruary 24, 2004
Docket2002-CA-01171-COA
StatusPublished
Cited by27 cases

This text of 872 So. 2d 79 (Raiola v. Chevron USA, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raiola v. Chevron USA, Inc., 872 So. 2d 79, 2004 WL 333366 (Mich. Ct. App. 2004).

Opinion

872 So.2d 79 (2004)

Joseph RAIOLA, Appellant
v.
CHEVRON U.S.A., INC. d/b/a Chevron Pascagoula Refinery; Bill Porter, Individually; and Bobby Burkes, Individually, Appellees.

No. 2002-CA-01171-COA.

Court of Appeals of Mississippi.

February 24, 2004.
Rehearing Denied May 4, 2004.

*81 Kaye J. Persons, attorneys for appellant.

Patrick R. Buchanan, Biloxi, Kimberly Gee Stith, Steven R. McCown, Stacey S. Calvert, attorneys for appellees.

Before KING, P.J., THOMAS and MYERS, JJ.

MYERS, J., for the Court.

¶ 1. Chevron fired Joseph Raiola and he sued alleging discrimination based on national origin, defamation, intentional infliction of emotional distress, breach of contract, tortious interference with contract, and negligent hiring and retention. Chevron removed the suit to federal court. The United States District Court for the Southern District of Mississippi granted Chevron's motion for summary judgment on the federal claims and remanded the state law claims to the Circuit Court of Jackson County. The Circuit Court of Jackson County granted Chevron's motion for summary judgment. As a result, Raiola filed a timely notice of appeal and now requests our review of the following issue:

WHETHER THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT AS TO RAIOLA'S STATE LAW CLAIMS

STATEMENT OF FACTS

¶ 2. This is an employment dispute involving the alleged wrongful termination of Joseph Raiola. Raiola's employment with Chevron began in 1978, when he was hired at its Perth Amboy, New Jersey refinery. In 1983, Raiola began working at the Pascagoula, Mississippi refinery. Raiola completed the refinery's mandatory three-year training program and was fully qualified as an operator. In 1992, Chevron promoted Raiola to head operator in the utilities section of the operations department.

¶ 3. In 1995, Chevron transferred Raiola to work on the crew under the supervision of shift supervisor Buddy Abney. During this time, Abney documented several deficiencies in Raiola's work performance. After sixteen months under Abney's supervision, Chevron asked if Bobby Burkes *82 would accept Raiola on his crew. Burkes agreed and Raiola began working under Burkes's supervision. Raiola was also placed in Chevron's performance improvement plan. According to the terms of the plan, if Raiola's performance did not improve, he faced termination. In 1996, Burkes removed Raiola from the performance improvement plan and allowed him to work on several special projects.

¶ 4. In 1997, Burkes placed Raiola on a special project to coordinate the shutdown of the boiler. While completing this assignment, Raiola worked independently and without much direct supervision from Burkes. Raiola was informed that he could work as much time as needed to complete the project. Chevron instructed Raiola to report the amount of time actually worked to the particular shift supervisor on duty or directly to Burkes.

¶ 5. Later that year, several of the shift supervisors in the utilities section began to notice that Raiola was frequently unavailable during the late afternoons. Head operators in the unit began to complain that Raiola was not working a complete shift and was not around to complete his duties. As a result, Ed Hurt, a utilities supervisor, asked Danny Kilgore, a shift supervisor, to run a report of the activity of Raiola's card key to determine the hours Raiola was actually in the refinery. Each employee was assigned a card key for security purposes and the system recorded the time that employees entered and exited the refinery.

¶ 6. Hurt gave Burkes a copy of the card access report. Burkes compared the report to Raiola's time sheets and noticed several discrepancies. On several occasions, the report showed that Raiola was at the refinery for significantly less time than his time sheets had indicated. Burkes informed his supervisor, Doug Pottenger, of these discrepancies. Pottenger then informed Bill Porter, the operations manager, that an investigation had begun of Raiola's time.

¶ 7. On November 21, 1997, Johnette Watson, the human resources representative of the operations department, and Burkes met with Raiola to discuss the results of the investigation. At this meeting, Raiola stated that he was not responsible for his time and never looked at his pay stubs.

¶ 8. Raiola next met with Burkes and Porter. Porter decided to suspend Raiola until he could complete the investigation and decide what action, if any, to take. That same day, Porter, Burkes, and Watson held a conference call with the other shift supervisors. Raiola's supervisors reported that they had questioned Raiola about his time, that they could not find Raiola on several occasions, and that Raiola never told them to adjust the projected shifts to reflect the time he actually worked. Porter and Watson presented the investigation results to the refinery's management committee, and Porter recommended that Raiola be terminated for misrepresenting his time, receiving pay for time not worked, and remaining silent about it.

¶ 9. The management committee accepted Porter's recommendation and on November 25, 1997, Porter informed Raiola of his termination. The next day, Raiola called Watson and requested that Chevron initiate a problem resolution process (PRP), alleging his termination was improper and discriminatory. The PRP is an internal process that allows Chevron employees to have a panel of employees review a managerial decision, including termination decisions. Pursuant to the PRP, Raiola and Porter met with an assigned mediator. Porter refused to change his position, and as a result, Raiola took his grievance to a final panel comprised of *83 management and his peers. During the panel meeting, Raiola presented his case. In addition, the panel interviewed Burkes, Porter, and other employees regarding Raiola's allegations that his termination was discriminatory and unjust. After this process was completed, the PRP panel concluded that Raiola's claim of discrimination was not credible. As a result, the PRP panel affirmed the company's termination decision.

¶ 10. On December 14, 1997, Raiola filed a claim for unemployment compensation with the Mississippi Employment Security Commission (MESC). The MESC determined that Raiola was terminated for misconduct and denied him unemployment benefits. Raiola appealed this decision, and after testimony from Raiola, Burkes, and Porter, the MESC referee affirmed the decision to deny benefits. That determination was then appealed to the MESC Board of Review which affirmed the previous findings. Raiola filed an appeal with the Circuit Court of Jackson County but later requested and was granted a voluntary dismissal prior to a determination.

¶ 11. On February 9, 1998, Raiola filed a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC found probable cause existed that Chevron had violated Title VII and issued Raiola a right to sue letter. Raiola then brought suit under 42 U.S.C. Section 1981 in the Circuit Court of Jackson County, alleging that his termination from Chevron was based on national origin discrimination and, therefore, was unlawful. In addition, Raiola brought claims for defamation, intentional infliction of emotional distress, breach of contract, tortious interference with contract, and negligent hiring and retention. Chevron removed the case to the United States District Court for the Southern District of Mississippi.

¶ 12.

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Bluebook (online)
872 So. 2d 79, 2004 WL 333366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raiola-v-chevron-usa-inc-missctapp-2004.