Spector v. US BANK NAT. ASS'N.

460 F. Supp. 2d 861
CourtDistrict Court, N.D. Illinois
DecidedOctober 23, 2006
Docket05 C 5339
StatusPublished

This text of 460 F. Supp. 2d 861 (Spector v. US BANK NAT. ASS'N.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spector v. US BANK NAT. ASS'N., 460 F. Supp. 2d 861 (N.D. Ill. 2006).

Opinion

460 F.Supp.2d 861 (2006)

Yelena SPECTOR, Plaintiff,
v.
U.S. BANK NATIONAL ASSOCIATION, d/b/a U.S. Bank, Defendant.

No. 05 C 5339.

United States District Court, N.D. Illinois, Eastern Division.

October 23, 2006.

*862 Stuart Berks, Moyenda Mutharika Knapp, Deutsch, Levy & Engel, Chicago, IL, for Plaintiff.

Lawrence T. Lynch, Carmen N. Couden, Foley & Lardner LLP, Milwaukee, WI, Michael Samuel Shapiro, Foley & Lardner, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Plaintiff Yelena Spector filed a two count complaint alleging (1) unlawful termination in violation of Title VII, and (2) unlawful termination under the Family Medical Leave Act, 5 U.S.C. § 6381, et seq. (2004) ("FMLA"). Defendant U.S. Bank National Association ("U.S.Bank") has moved for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). For the following reasons, I grant defendant's motion.

*863 I. Background

U.S. Bank employed Spector as a Sales and Service Manager, at the Riverwood, Illinois bank branch office, from June 20, 2002 until October 19, 2004. Among Spector's job responsibilities were customer service, assisting the Branch Manager in the operation of the branch, and performing other sales and management duties, including teller duty. As Sales and Service Manager, she was also expected to solicit loan applications and submit them for approval to U.S. Bank's Direct Lending Department. At the time Spector began her employment with U.S. Bank in 2002, the Branch Manager and Spector's immediate supervisor was Heather Wardell. In October 2003, Elizabeth Eckert replaced Wardell as Branch Manager.

Spector's job performance was subject to annual Performance Appraisals, which were distributed in March of each year and evaluated the employee's level of performance for the previous calendar year. U.S. Bank claims that in March 2004, Spector was approached by Eckert and Denise Zajac-Podhajsky, U.S. Bank's Vice President of Retail Banking in Chicago's North District, to discuss her performance and the expectation that she solicit and submit an average of two loan applications per week. Spector disputes this meeting ever took place and that she was verbally informed of their expectations concerning the number of loan applications to be submitted. It is undisputed, however, that on March 30, 2004, Eckert gave Spector a written warning regarding her performance and the expectation that she submit two loan applications per week. The written warning provides, in pertinent part:

As stated to you by Denise Zajac you are expected to take in two loan applications per week.
The last time you closed a loan was March 15, 2004 . . . It is expected that you will bring two loan applications per week or you will be terminated one month from today on April 30, 2004.

Spector refused to sign this written warning at that time.

In April 2004, Spector became pregnant. She informed Eckert of her pregnancy that same month. Some time later, in August 2004, Spector met with Zajac-Podhajsky to discuss her job performance. Zajac-Podhajsky claims she specifically told plaintiff that she was not meeting expectations by submitting two loan applications a week and that Spector acknowledged this. Spector disputes the contents of this conversation. Instead, she claims that Zajac-Podhajsky discussed the branch's failure to meet corporate goals and that Spector complained that the amount of time she spent behind the teller counter made it difficult for her personally to increase sales, but that she was always urging the other tellers to do so. The record includes an undated letter addressed to Zajac-Podhajsky and signed by Spector, where she acknowledges "the Bank's expectations of me" and how she was "hoping to bring in some checking accounts and loan applications." Spector disputes that this letter was sent in response to the August meeting, which is Zajac-Podhajsky's statement, but that instead it was sent after receiving the written warning in March.

In August 2004, Eckert retired from her employment at U.S. Bank and was replaced by Haris M. Qidwai. Before his promotion, Qidwai had been the Sales and Service Manager at a different branch office. On September 9, 2004, Qidwai contacted Zajac-Podhajsky, through email, about Spector's job performance. In the email, he states

I know you talked to her about the minimum expectation of 2 apps per week. Is there anything else that I need to include in the minimum expectations? *864 I will get this out to Dawn tomorrow so you can proof-read it.

The next day, Zajac-Podhajsky responded

For the past 12 months perfromance[sic] has been sub par[](check with Richard to see how may apps she has entered into the system this year so far. []Company expectation is 2 per week[.] Put on warning 4/04?(check date with Montague if you do not have a copy). Talk about what you will do to support her[](keep it simple — training on dial — set up eleads[sic] to give her warm leads) Expectation 30 days to achieve or will separate employment . . .

On September 13, 2004 Qidwai gave Spector a written Action plan. This provided

I would like to recap your discussion with Denise Zajac-Podhajsky and myself on August 8th 2004, with regards to your performance and the company's expectation. This action plan is intended to clearly articulate our performance expectations for you and the consequences if you fail to meet and maintain them. As discussed, here are the minimum requirements that must be met:
1. 2 loan applications (entered in the system) per week.
2. 10 proactive calls (logged) to potential business customers per week.
3. 10 proactive calls (logged) to solicit investment appointments per week.
4. Consumer/business deposit accounts per week.
Our goal is to assist you in any way to help reach these expectations. During the course of the next 30 days, I will be monitoring your performance as well as helping you learn how to access various sales tools provided by the company to help you meet these expectations.
Furthermore, records indicate that your performance for the past 12 months has been far below expectations and the matter brought[sic] to your attention at several occasions. Failure to meet these goals within 30 days will result in disciplinary action, which may include termination of employment.

In early October, 2004, Spector asked Qidwai about taking some vacation time in the last weeks of December 2004. Spector was due to give birth in January 2005, and intended go on pregnancy leave. Qidwai denied Spector's vacation request, claiming that he did not have staffing to cover for her absence in the last weeks of December, because of the small number of employees that worked at the branch. At the time, the branch was staffed with one Branch Manager, one Sales and Service Manager (Spector), and three tellers. Plaintiff does not dispute this, but does claim that she also spoke to Qidwai in October about her need to take time off for the upcoming birth of her child.

Spector was terminated at the end of the business day on October 19, 2006. Earlier in the day, Qidwai exchanged emails about Spector with U.S.

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Spector v. U.S. Bank National Ass'n
460 F. Supp. 2d 861 (N.D. Illinois, 2006)

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Bluebook (online)
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