Spence v. Panasonic Copier Co.

46 F. Supp. 2d 1340, 1999 U.S. Dist. LEXIS 12637, 75 Empl. Prac. Dec. (CCH) 45,933, 1999 WL 266692
CourtDistrict Court, N.D. Georgia
DecidedMarch 9, 1999
DocketCiv.A.1:97CV1817-GGB
StatusPublished
Cited by2 cases

This text of 46 F. Supp. 2d 1340 (Spence v. Panasonic Copier Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spence v. Panasonic Copier Co., 46 F. Supp. 2d 1340, 1999 U.S. Dist. LEXIS 12637, 75 Empl. Prac. Dec. (CCH) 45,933, 1999 WL 266692 (N.D. Ga. 1999).

Opinion

ORDER

BRILL, United States Magistrate Judge.

Plaintiff James C. Spence (“Spence”) filed this action on June 24, 1997. He alleges that defendant, through its employee, Stacy Turner, harassed and discriminated against him, and terminated his employment because of his sex (male) and in *1342 retaliation for complaining about harassment, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. In addition, plaintiff pursues a state law claim of intentional infliction of emotional distress.

The parties have consented to jurisdiction by a United States Magistrate Judge. This action is presently before the court on defendant’s Motion For Summary Judgment [Doc. 28]. For reasons discussed below, defendant’s Motion for Summary Judgment is GRANTED.

I. Background Facts 1

Defendant Panasonic Copier Company (“PACC”) is a nationwide company engaged in the business of selling copy machines. In January of 1995, PACC opened its Atlanta, Georgia sales office. During the relevant time period, Michael Cobb was branch manager and Rodd Denzer was sales manager. Denzer reported to Cobb. Together, they hired a staff of sales representatives to sell PACC products.

Ms. Stacy Turner was hired as a sales representative and began work at the PACC Atlanta office in February 1995. As the level of sales grew, the Atlanta office hired additional sales representatives. Denzer' and Cobb hired plaintiff on July 24, 1995 as a sales representative. From July 1995 until April 1996, Turner, Spence and all other sales representatives reported to sales manager Denzer.

Effective the beginning of the fiscal year on April 1, 1996, sales manager Denzer was promoted and transferred. Manager Cobb divided the sales force into two teams and promoted two senior sales representatives to sales manager positions to replace Denzer. Turner was one of the employees promoted to sales manager effective April 1, 1996, and plaintiff was assigned to her team. Effective at the beginning of the new fiscal year, April 1, 1996, PACC’s management established sales quotas for the sales representatives.

After Ms. Turner became sales manager in April 1996, she hired five sales representatives, all of whom were men. The only two female employees supervised by Ms. Turner, Anna Villafara and Susan Boyer, were hired by PACC before Ms. Turner became a sales manager. Ms. Turner documented Ms. Villafara’s excessive absenteeism (Ex. 4 to Cobb Aff.) and Ms. Villafara resigned the company by mutual agreement the month that Ms. Turner began supervising her. (Turner Dep. p. 71). During the period of time that plaintiff and Ms. Boyer were supervised by Ms. Turner, Ms. Boyer had a significantly better sales record than plaintiff. (Ex. 1 to Cobb Aff).

Plaintiff had a revenue sales quota for each of the months that he was employed by PACC. 2 (Pl.Dep. p. 99). Beginning April 1, 1996, plaintiffs monthly sales quota was set at $24,000 based on a formula applicable to all sales representatives. (Cobb Dep. pp. 46^47; Cobb Aff. ¶ 2, Ex. 1; Pl.Dep. p. 101). Plaintiff failed to meet this quota in April, May, June, July, August, September and October of 1996. (PL Ex. 12 (Sales Quota Sheets); Cobb AffiEx. *1343 1; PI. Dep. pp. 99-101). Plaintiff made no sales at all in his last month of employment, October 1996.

Plaintiffs personnel file contains warning letters addressed to plaintiff dated October 3, 1995, January 2, 1996 and March 11, 1996 from Michael Cobb for plaintiffs failure to achieve his sales quota in September 1995, December 1995 and February 1996. (Spence Dep., Ex. 5, 7, & 9). Each of these documents purports to be signed and acknowledged by plaintiff. Plaintiff acknowledges that he received and signed the October 3, 1995 warning letter. (Def.Ex. 5 to PLDep.; PLDep. p. 109). Plaintiff denies that he received the January 2,1996 or March 11,1996 warning letters. He contends that his signatures on those documents are forgeries. (PL Dep. pp. 115-117, 119-121). Nevertheless, plaintiff does not deny defendant’s contention that he failed to meet his quota for December 1995 or February 1996. (Pl. Dep. pp. 117, 120). Turner was not plaintiffs supervisor at the time these pre-April 1996 letters were issued.

Plaintiffs personnel file contains warning letters from Ms. Turner dated September 3, 1996 and October 1, 1996 for plaintiffs failure to achieve sales quota in August 1996 and September 1996. (Pl. Dep.Exs.14, 17). These two documents purport to have plaintiffs signature. In his deposition, plaintiff denied ever receiving these documents and contended that his signatures are forgeries. (PLDep. pp. 155-156,172). Nevertheless, plaintiff does not deny that he failed to meet his sales quota for August and September of 1996. 3 (PLDep. pp. 157, 172). The October 1, 1996 warning letter states in part:

As you are no doubt aware, during the month of September 1996 you have once again failed to meet your assigned sales quota. Consistent with the written documentation previously provided to you, PACC Management now deems it necessary to more formally address your current level of work related performance ... [Y]our repeated inability to achieve your assigned quota is unacceptable and leaves us no choice but to place you on probation. Please understand that this means that failure to show immediate and sustained improvement will result in further disciplinary action up to and including your termination.

Plaintiff made no sales the following month, October 1996.

Plaintiffs personnel file also contains warning letters regarding matters other than sales. His file contains a memorandum dated January 15, 1996 from then-administrative manager Bob Poston regarding plaintiffs driving recklessly in the parking lot. (Ex. 8 to PLDep.). Plaintiff admits that Denzer discussed this memo with him but denies that he drove recklessly in the PACC parking lot. (PL Dep. pp. 118-119).

Plaintiffs personnel file contains another warning letter for reckless driving from Poston to plaintiff dated June 3, 1996. (Ex. 12 to Pl.Dep.). The memorandum purports to have plaintiffs signature, but plaintiff contends that he never saw this document and that his signature is forged. (PLDep. p. 129). Plaintiff denies that he was driving recklessly in the parking lot on this occasion. (PLDep. pp. 129-130).

Plaintiffs personnel file also contains a warning letter from Denzer concerning absenteeism and lack of “demo activity” dated November 9, 1995 (Spence Dep.Ex. 6); a warning letter for absenteeism dated April 24, 1996 (Spence Dep.Ex. 10); a warning letter for absenteeism and lack of “demo activity” dated May 22, 1996, and a warning letter for absenteeism and lack of “demo activity” dated September 4, 1996. (Spence Dep.Ex. 15). The May 22, 1996 and September 4, 1996 letters purport to have Spence’s signature acknowledging that he received them.

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46 F. Supp. 2d 1340, 1999 U.S. Dist. LEXIS 12637, 75 Empl. Prac. Dec. (CCH) 45,933, 1999 WL 266692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spence-v-panasonic-copier-co-gand-1999.