Reynolds v. Extendicare Health Servs., Inc.

257 F. App'x 914
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 14, 2007
Docket06-4227
StatusUnpublished
Cited by4 cases

This text of 257 F. App'x 914 (Reynolds v. Extendicare Health Servs., Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reynolds v. Extendicare Health Servs., Inc., 257 F. App'x 914 (6th Cir. 2007).

Opinion

GRIFFIN, Circuit Judge.

Plaintiffs Kelly Reynolds and Linda Heine brought suit against their former employer claiming they were retaliated against for reporting separate acts of offensive behavior. Their suit alleges violations of Title VII and Ohio common law. For the reasons that follow, we affirm the district court’s grant of summary judgment for defendants.

I.

Plaintiffs originally filed this matter in the Court of Common Pleas in Clermont County, Ohio, but defendants removed the case to the United States District Court for the Southern District of Ohio pursuant to 28 U.S.C. §§ 1441 and 1446. The district court had jurisdiction pursuant to 28 U.S.C. § 1332. This court has jurisdiction to review the final judgment of the district court pursuant to 28 U.S.C. § 1291.

II.

Plaintiffs Kelly Reynolds and Linda Heine are registered nurses who were employed by defendants Extendicare Health Services, LLC and Milford Care LLC d/b/a Arbors of Milford. Extendicare is the parent company of Milford Care LLC, which operated a health care facility in Clermont County, Ohio, called the Arbors of Milford.

A.

Reynolds was hired as the Assistant Director of Nursing at the Arbors on June 12, 2003. She received an Employee Handbook that stated that her employment was at-will and that the handbook was not an employment contract. Reynolds signed an acknowledgment stating that she read the Handbook and understood that “[t]his handbook and the policies contained herein do not in any way *916 constitute, and should not be construed as, a contract of employment between the employer and the employee, or a promise of continued employment.” Reynolds served under Norma Nagel, the Director of Nursing, who reported to Jennifer Eiswerth, 1 the Arbors Administrator.

The Arbors gave Reynolds her first written performance evaluation on October 3, 2003. She received a rating of 74 out of a possible 100 points. Reynolds was not satisfied by the results of the report; she viewed it as being so negative that it “broke [her] heart to look at it.” The report listed five specific comments under the heading “[a]reas where improvement is needed”: (1) think and react as a “manager,” (2) learn to separate from clinical vs. manager duties and from other departments, (3) accepting direction, (4) takes things too personally, and (5) needs to stop “gossip.” Following the performance evaluation, the Arbors provided Reynolds with a written detailed description of the Assistant Director of Nursing position. Reynolds signed it, and the Arbors coached Reynolds regarding how to better perform her job.

In January 2004, Eiswerth asked Reynolds to develop a written list of goals, both for her professional development and for her department. In March, Bonnie Jones took over as Director of Nursing, making her Reynolds’ immediate superior. Jones believed that Reynolds was continuing to exhibit the behavior noted in her previous performance evaluation. Jones discussed the matter with Eiswerth, and they decided to present their concerns to Reynolds in the form of a 30-day Performance Improvement Plan (“PIP”). The PIP con-tamed a list of areas in which Jones and Eiswerth believed Reynolds needed to improve. Jones drafted this list on April 26, 2004.

On May 5, 2004, Reynolds and others attended a meeting with a State of Ohio surveyor regarding the Arbors’ facility accreditation survey. Reynolds discussed an issue with the surveyor after the meeting, and the surveyor gave her his business card.

Carolyn Puckett, one of Extendicare’s regional consultants, obseived this conversation and asked another employee, Valerie Day, “why the hell does she need a business card for?” Puckett then made a sexual hand gesture simulating masturbation. Both Day and Reynolds saw Puckett’s gesture. In her deposition, Day stated that “[t]he only interpretation that could be made from this was [Reynolds] was jerking this man off.”

Extendicare has an Offensive Behavior Policy as part of its Employee Handbook. The policy directs employees to report violations of the policy and states that the company will not tolerate retaliation against those who report such violations.

Reynolds reported the gesture to Eiswerth on May 6, 2004; Day reported the gesture later that day. Eiswerth obtained written statements from both Reynolds and Day, and on May 10th, Reynolds, Day, and Eiswerth participated in a telephone conference with Jason Hohlefelder, Extendicare’s Regional Director. Hohlefelder apologized for Puckett’s behavior and said that Puckett would be disciplined and would not return to the Arbors facility. Puckett’s employment ended, although the record does not contain any details surrounding her separation from the company-

*917 On May 12, 2004, Eiswerth and Jones held a meeting with Reynolds and presented her with the PIP. The terms of the PIP required Reynolds to meet with Jones and/or Eiswerth weekly, or as needed to review her progress. The PIP also stated that Reynolds’ failure to meet its goals could result in disciplinary action, including termination of employment. Jones and Eiswerth continued to be unsatisfied with Reynolds’ performance. On May 28, 2004, they met with Reynolds and gave her another document that specifically described their concerns about her performance. Jones and Eiswerth reviewed Reynolds’ proposed plan for implementing the PIP but rejected it because it shifted too much responsibility from Reynolds to Jones. Jones and Eiswerth told Reynolds to revise her plan and present them with a new one the following morning. She did not meet this deadline.

On June 4, 2004, the three of them met again. Jones and Eiswerth explained that Reynolds had not made significant progress toward the goals outlined in the PIP and had not provided them with an adequate action plan to show how she planned to meet these goals. Reynolds asked if she would be able to achieve the PIP goals within the 30-day period, and Eiswerth responded that she did not think it was possible to do so because Reynolds had not made significant progress during the last few weeks. Eiswerth then terminated Reynolds’ employment.

In his deposition, Hohlefelder said that it was unusual to fire an employee as the first disciplinary measure in the absence of gross misconduct. He also stated that it was unusual to fire someone for not meeting the goals of a PIP before the PIP period had expired. He said that Eiswerth and Jones fired Reynolds because she had become a “disruption.”

B.

Linda Heine began work at the Arbors as a Unit Nurse Manager on February 6, 2003. Her first performance review was generally positive, but two items were listed as needing improvement:

1. Remember to remain calm under stress—easily excitable
2. Refrain from gossiping or [complaints offered] in public areas.

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Bluebook (online)
257 F. App'x 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-v-extendicare-health-servs-inc-ca6-2007.