Ronald C. Majewski v. Automatic Data Processing, Inc.

274 F.3d 1106, 27 Employee Benefits Cas. (BNA) 1378, 2001 U.S. App. LEXIS 26991, 82 Empl. Prac. Dec. (CCH) 40,953, 87 Fair Empl. Prac. Cas. (BNA) 1074, 2001 WL 1635906
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 21, 2001
Docket00-4071
StatusPublished
Cited by270 cases

This text of 274 F.3d 1106 (Ronald C. Majewski v. Automatic Data Processing, 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
Ronald C. Majewski v. Automatic Data Processing, Inc., 274 F.3d 1106, 27 Employee Benefits Cas. (BNA) 1378, 2001 U.S. App. LEXIS 26991, 82 Empl. Prac. Dec. (CCH) 40,953, 87 Fair Empl. Prac. Cas. (BNA) 1074, 2001 WL 1635906 (6th Cir. 2001).

Opinion

OPINION

GILMAN, Circuit Judge.

In September of 1998, Ronald Majew-ski was fired from his job as- a computer operator. Majewski brought suit against his former employer, Automated Data Processing, Inc. (ADP), alleging that his discharge improperly interfered with his retirement benefits, constituted age discrimination, and amounted to unlawful retaliation. After ADP moved for summary judgment, Majewski requested an extension of the discovery deadline, which the district court denied. Following the district court’s grant of summary judgment in favor of ADP, Majewski appealed the dismissal of his retirement benefits, age discrimination, and retaliatory discharge claims, as well as the denial of his motion to extend discovery for a second time. For the reasons set forth below, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual background

Majewski began working at ADP’s Cleveland, Ohio office in 1973. He joined the computer operations department in 1979, where he worked until his discharge in September of 1998. At the time of his discharge, Majewski was 44 years old.

ADP processes and produces payroll information for employers. Majewski was a “senior computer operator,” responsible for entering data and monitoring the printers. From 1992 until his discharge, Ma-jewski was supervised by Gary Kudej and, before Kudej, by Gene Egglebrecht. Both Egglebrecht and Kudej noted deficiencies in Majewski’s job performance. Kudej observed a steady decline in the quality of Majewski’s work beginning in 1992. In the performance evaluations for the years 1996 and 1997, Kudej concluded that Ma-jewski’s performance “needs improvement.”

Approximately two weeks after Majew-ski signed his 1997 performance evaluation without comment, he sent a letter to the ADP corporate office in New Jersey criticizing Kudej’s supervision and saying that Kudej was singling him out for making mistakes that other computer operators had made without receiving discipline. The letter was written on a single page, with nine pages of attachments. In the letter, Majewski both defended his job performance and criticized Kudej. The only indication that Majewski thought that his treatment was related to his age is found on page six of the attachments, where he stated that “I was not doing anything different than my co-workers and I felt like they were trying to fire me before I was forty.” Majewski also asserted that the entire department under Ku-dej’s supervision, which included people both over and under the age of forty, felt discriminated against.

The letter was forwarded to Caro Nickel, the Human Resources Director at ADP’s Cleveland office, who discussed Ma-jewski’s concerns with William Balzer, the Vice President of Operations, and John Sciano, the General Manager of the Cleveland office. According to Nickel, Kudej *1111 was never informed of Majewski’s criticisms and never read the letter.

Sciano and Balzer assigned Nickel to investigate Majewski’s allegations. Nickel interviewed and discussed the allegations with other employees in the computer operations department. The employees who spoke to Nickel said that Majewski was committing errors and causing problems in the department as a result of his attitude and work habits. Through her investigation, Nickel also discovered that Majewski had asked others in the department, including employees who were under 40 years of age, to sign his letter addressed to ADP’s corporate office. Although the employees who spoke to Nickel expressed dissatisfaction with Kudej, none of them thought that Kudej was unfairly singling out Majewski, and none of them signed the letter. One of the computer operators whom Nickel interviewed, Ron Jackson, was himself 49 years old at the time.

After Nickel finished her investigation, she delivered her findings to Balzer and Sciano. Nickel reported that her interviews with the other computer operations employees did not confirm Majewski’s allegations of unfair treatment by Kudej. Additionally, through her review of Majew-ski’s personnel file and Kudej’s written comments, Nickel concluded that Majewski was making repeated errors and that Ku-dej was correct in encouraging Majewski to improve his performance.

Sciano and Balzer met with Majewski in January of 1998 to discuss Majewski’s complaint and the results of Nickel’s investigation. Because Kudej was unaware of Majewski’s letter, Sciano instructed Ma-jewski to meet with Kudej about his concerns and to report to Sciano concerning their discussion. Majewski, however, never met with Kudej. Approximately three weeks later, Sciano and Balzer again met with Majewski, this time with Nickel and Kudej present. Kudej had still not been told of Majewski’s letter. When Sciano asked Majewski why he had not met with Kudej, Majewski did not respond. Sciano then expressed his displeasure with Ma-jewski’s failure to meet with Kudej and told Majewski that he would have to improve his performance and reduce the number of repeated errors in order to avoid further disciplinary action.

Majewski, however, continued to make numerous errors during the next six weeks. According to ADP, these errors were of the same type as those documented in his 1996 and 1997 performance evaluations. They included deleting payroll information for a number of employers and incorrectly “running” payroll information, leading to delays in printing. Kudej investigated and documented these errors.

Majewski next met with Balzer and Ku-dej in March of 1998 to discuss the implementation of a performance improvement plan. The plan summarized Majewski’s unsatisfactory job performance, noted the areas in which Majewski was instructed to avoid making further errors, and placed him on probation for at least 90 days. If his performance did not improve significantly, according to the plan, he faced disciplinary action up to and including discharge. Majewski refused to sign the performance improvement plan, contending that the evaluation of his poor performance was baseless.

According to Kudej, Majewski’s poor attitude and deficient work performance continued after the March meeting. Kudej said that Majewski continued to make errors, such as delaying jobs, printing jobs on the wrong paper, and incorrectly filling out various log sheets. In August of 1998, according to Kudej, Majewski deleted an entire “payroll wrap.” A payroll wrap is the output report for a batch of payrolls that have been processed. These reports are on a disk until the operator is ready to *1112 print them. Once deleted, the output report cannot be recovered. Kudej stated that this error by Majewski caused hours of additional work for other employees and resulted in the need to recreate payroll data for numerous customers. No other computer operator during Kudej’s tenure had ever made this error, and Kudej was of the opinion that the deletion “could not be accidental because of the way information had to be inputted on the computer console.” Majewski was discharged soon afterward.

During Majewski’s employment at ADP, he participated in the company’s 401 (k) plan and its stock purchase plan. These plans both contain payout provisions upon the termination of employment. Under the 401(k) plan, Majewski was permitted to remain a plan participant after his discharge, but he could no longer make contributions.

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Bluebook (online)
274 F.3d 1106, 27 Employee Benefits Cas. (BNA) 1378, 2001 U.S. App. LEXIS 26991, 82 Empl. Prac. Dec. (CCH) 40,953, 87 Fair Empl. Prac. Cas. (BNA) 1074, 2001 WL 1635906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ronald-c-majewski-v-automatic-data-processing-inc-ca6-2001.