Smith v. F.W. Morse Co., Inc.

76 F.3d 413, 1996 U.S. App. LEXIS 2022, 67 Empl. Prac. Dec. (CCH) 43,884, 69 Fair Empl. Prac. Cas. (BNA) 1687, 1996 WL 46919
CourtCourt of Appeals for the First Circuit
DecidedFebruary 12, 1996
Docket95-1556
StatusPublished
Cited by366 cases

This text of 76 F.3d 413 (Smith v. F.W. Morse Co., Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. F.W. Morse Co., Inc., 76 F.3d 413, 1996 U.S. App. LEXIS 2022, 67 Empl. Prac. Dec. (CCH) 43,884, 69 Fair Empl. Prac. Cas. (BNA) 1687, 1996 WL 46919 (1st Cir. 1996).

Opinions

SELYA, Circuit Judge.

In this appeal, the plaintiff invites us to overrule the district court’s adverse decision under Title VII of the Civil Rights Act of [418]*4181964, 42 U.S.C. §§ 2000e-2000e-17 (1988) (Title VII), and to reinstate her common law causes of action for breach of contract and 'wrongful discharge. We decline the invitation in all its aspects.

I. BACKGROUND

We chronicle the events that preceded the filing of suit and then recount what transpired thereafter.

A. Chronology of Events.

Damar Plastics & Metal Fabricators, Inc. (Damar) operated a job shop in Somers-worth, New Hampshire, where it crafted custom components for high-technology applications. Plaintiff-appellant Kathy Smith joined Damar in 1976 and advanced steadily through the ranks until she reached the position of production manager almost a decade later. In that capacity, Smith scheduled production runs and coordinated delivery dates. In late 1987, after an imbroglio with Darrol Robinson (Damar’s owner and general manager), she requested and obtained reassignment to a different post having no responsibility for production scheduling.

On December 28, 1988, defendant-appellee F.W. Morse & Co., Inc. (Morse), a firm owned by Chris Bond, acquired Damar’s business and assets. Damar then had fewer than forty employees, including seven managers reporting directly to Robinson: Michael Hickman (production control); Robert Lane (shipping); Ronald Paradis (production/maehining); Marc Shevenell (production/sheet metal); Gary Bickford (engineering); Michael Seeger (sales); and Smith. Though not titled, Smith testified that she was considered to be a de facto manager who, largely because of Hickman’s inadequacies, performed many of the duties of the production control manager.

Bond promptly concluded that Damar had too many chiefs and too few Indians. Within days of the closing, he fired Hickman. Then, in concert with Maryann Guimond, the new general manager (who had authority to hire, fire, and discipline personnel), he interviewed a number of employees, including Smith. In the aftermath of this review, the company cashiered Lane. To fill the void created by the two executive-level departures, Morse promoted Smith to the newly created position of materials manager, consolidating responsibilities for scheduling, production control, inventory control, purchasing, shipping, and receiving that had previously been spread among three managers.

All told, Morse’s initial reorganization efforts substituted Guimond for Robinson and pared second-echelon management from seven to five. In addition to Guimond, the reconfigured management team comprised Paradis (machining); Shevenell (sheet metal); Bickford (engineering); Seeger (sales); and Smith (materials). In recognition of Smith’s increased responsibilities, Morse twice hiked her pay (once in January and again in March), thus increasing her weekly stipend by roughly twenty-five percent.

At about the time of the takeover, Smith informed Bond that she had become pregnant and would need a maternity leave. Morse, a tiny company, had no formal maternity leave policy. Bond nonetheless honored Smith’s request and assured her that her position was “secure.” In preparation for her leave, Smith held several meetings with Guimond, Shevenell, and Paradis. The company temporarily distributed her managerial duties among other supervisors and arranged for a newly-hired secretary, Kelly Gilday, to perform her clerical functions. Along the way, Guimond informed Smith that either Paradis or Shevenell likely would be discharged, and told her that she would be promoted again upon her return from maternity leave. Guimond also indicated that, in all probability, Bickford would be demoted, and Smith would be asked to assume a portion of his duties. While these changes presumably would warrant increased remuneration, Guimond did not mention an amount.

On April 7,1989, Smith began her maternity leave, planning to return to work in approximately six weeks. She gave birth two weeks later. Meanwhile, Guimond, expecting the “sky to fall,” held regular “reality check” meetings with Shevenell and Paradis. To [419]*419her surprise, the plant functioned very well.1 Guimond reported the good news to Bond.

Smith visited the plant on May 1 and informed Guimond that she wished to return to work one week earlier than originally anticipated. Guimond inquired about whether Smith desired more children, and Smith replied affirmatively. The following day, Gui-mond queried Karen Vendasi, Smith’s sister and co-worker, about Smith’s plans to have a larger family. Vendasi relayed this conversation to Smith and told her of nascent rumors to the effect that she might not return to work. Smith contacted Guimond and demanded an explanation. Guimond denied any knowledge of the rumors, dismissed them as idle buzznacking, and again assured Smith that her job was secure. Guimond repeated these assurances during a chance meeting on May 4.

A few days later, Guimond concluded that the materials manager’s position was superfluous and decided to eliminate it. She told Smith of her decision on May 11. During this telephone conversation, Guimond asked Smith if she preferred people to be told that she had decided to stay at home with her infant child rather than that she had been discharged. Smith rejected the suggestion. Nevertheless, a Morse employee repeated this canard to several customers.2

Following Smith’s severance, Guimond gave most of her duties to Paradis in his new capacity as operations manager. Shevenell assumed the role of manufacturing manager (in charge of both machining and sheet metal work). Guimond also promoted two lower-ranking employees, Peter Lapanne and Brian Hoffman, to assistant manager positions (though evidence adduced at trial demonstrated that Lapanne had been an assistant manager as far back as 1984, and that neither man assumed any new responsibilities or received any salary increase in connection with his new title). Gilday continued to perform the clerical functions associated with Smith’s former position. When the second round of the reorganization wound down, the plant had three second-echelon managers— Paradis (operations); Shevenell (manufacturing); and Seeger (sales) — in lieu of the original seven.

B. Procedural History.

Smith sued Morse in a New Hampshire state court alleging, inter alia, wrongful discharge based on gender discrimination, intentional infliction of emotional distress, and breach of contract. Morse removed the case to federal district court on the ground that Smith’s claim “arose under” Title VII, thus prompting federal question jurisdiction. See 28 U.S.C. §§ 1331,1343(a)(3), 1441,1446; see also 28 U.S.C. § 1367 (conferring ancillary jurisdiction over appended nonfederal claims). Smith thereafter filed an amended complaint that made her Title VII claim explicit.

Early in the proceedings, Morse moved for partial summary judgment. The district court (Stahl, J.) granted the motion on the common law wrongful discharge and emotional distress claims. See Smith v. F.W. Morse & Co., No.

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76 F.3d 413, 1996 U.S. App. LEXIS 2022, 67 Empl. Prac. Dec. (CCH) 43,884, 69 Fair Empl. Prac. Cas. (BNA) 1687, 1996 WL 46919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-fw-morse-co-inc-ca1-1996.