Vickers v. Abbott Laboratories

719 N.E.2d 1101, 308 Ill. App. 3d 393, 241 Ill. Dec. 698
Appellate Court of Illinois·Decided September 30, 1999·No. 1-97-3874·Published·Cited by 64 cases

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court:

Plaintiff, Troy L. Vickers, brought suits against Abbott Laboratories (Abbott) and Abbott employees Debbie Lindberg-Geiser, Nellie Lopez, Jeanice Walker, Diane Mielke, Rudy Sundberg, and Don Albert. Plaintiff alleged defamation, breach of contract, intentional infliction of emotional distress, and tortious interference with prospective economic advantage due to an Abbott investigation into allegations that he exhibited sexually harassing behavior. The circuit court granted defendants’ motion for summary judgment and dismissed plaintiffs suit with prejudice. Plaintiff appeals and maintains the following: (1) the circuit court erred in granting summary judgment on plaintiffs claim for defamation because no qualified privilege existed, and if a privilege did exist, defendants abused it; (2) the circuit court erred in granting summary judgment on plaintiff’s breach of employment contract claim because defendants conducted an unfair investigation into the sexual harassment allegations; (3) the circuit court erred in granting summary judgment on plaintiffs claim for intentional infliction of emotional distress where the evidence demonstrated outrageous conduct on the part of the defendants; (4) the circuit court erred in granting summary judgment on plaintiffs claim for intentional interference with economic advantage; and (5) the circuit court erred by refusing to allow plaintiff leave to supplement the record.

FACTS

The pleadings and depositions reveal the following facts relevant to this appeal: In May 1967, plaintiff began work with Abbott as a technical advisor earning approximately $14,000 per year. Over the next 25 years, he received a number of promotions and eventually attained the position of manager of the microbials department in Abbott’s chemical and agricultural products division (CAPD), earning an annual salary of $103,662.

On September 30, 1992, Debbie Lindberg-Geiser, a secretary in plaintiffs division, e-mailed a female manager, Janet Dewitt, about a manager who had been making remarks of a sexual nature to her. Later, while discussing the matter in person, Lindberg-Geiser told Dewitt that plaintiff was the manager who had told her how she looked in her clothing, talked of nude beaches in California, said that she “made him hot,” and made other comments of a sexual nature.

Dewitt informed Lindberg-Geiser’s manager, Sheldon Bernsen, about the issue. Bernsen contacted Lindberg-Geiser to discuss the matter and then notified defendant Rudy Sundberg, the divisional vice president for CAPD, who was both Bernsen and plaintiffs supervisor. Pursuant to Abbott policy, Sundberg met with CAPD human resources director Jeff Hogenmiller, who assigned defendant Don Albert to investigate the matter.

On October 7, 1992, Albert scheduled a meeting with Lindberg-Geiser to discuss her concerns. At this meeting she told Albert about plaintiff’s conduct. He asked if anyone could corroborate any of plaintiffs statements, and Lindberg-Geiser replied that defendant Diane Mielke was present for some of the remarks. Albert also told her that he would be available to listen if other employees wished to speak with him.

After her meeting with Albert, Lindberg-Geiser contacted several of plaintiff’s former secretaries, including Donna Brown, defendant Nellie Lopez, defendant Jeanice Walker and Nancy Ashley, to see if they would like to speak with Albert about their experiences with plaintiff. Defendants Walker, Lopez and Mielke indicated that they would speak with Albert. Then, as part of the Abbott investigation, Albert interviewed Dewitt, Bernsen, Walker, Mielke and Lopez concerning plaintiffs conduct. Plaintiff was in Africa on a business trip at this time.

In separate meetings with Albert, Walker and Lopez described numerous instances of plaintiffs sexually harassing conduct and of his abusive behavior toward subordinates, such as yelling and throwing objects. Albert also met with Mielke and learned that she had witnessed both the sexual remarks plaintiff made to Lindberg-Geiser and his abusive behavior.

At this time, Albert was aware that other Abbott employees had also experienced problems while working with plaintiff. In fact, prior to the Abbott investigation, several of plaintiffs subordinates (John Kane, Jim Brookshire, Ralph Hodash, Fred Woodman and Donna Brown) sought Albert’s informal advice regarding plaintiffs management style. Each individual requested that the conversations be confidential and that no official action be taken. Albert had never pursued any of these complaints because none involved allegations of sexual harassment or discrimination.

On October 23, 1992, Albert met with Sundberg, Hogenmiller and Tom McNally, president of CAPD, to advise them of the status of the investigation. They discussed several options, including termination, suspension and removal from management, but decided to wait and gather more information. Pending resolution of the investigation, however, Albert and Sundberg suspended plaintiff with full pay and benefits. The record does not show that they revealed the identity of any witnesses interviewed to plaintiff.

On October 28, 1992, Albert and Sundberg met with plaintiff at his request. Plaintiff provided a rebuttal and identified the individuals he thought might have had problems with him. While almost every person plaintiff named had already given statements to the investigators, Albert and Sundberg still had not yet revealed their identities to plaintiff.

Upon completion of the Abbott investigation, Albert, Sundberg, Hogenmiller and McNally met and concluded that there was ample evidence supporting Lindberg-Geiser’s allegations. According to CAPD management, this conduct constituted a violation of Abbott’s sexual harassment policy warranting disciplinary action. Management also concluded that plaintiffs harsh treatment of subordinates had been improper.

Consequently, on November 2, 1992, Albert and Sundberg met with plaintiff and advised him of their decision. They told plaintiff that he could not remain in his current position as manager of the microbials department, or any other similar “Grade 20” position, because such positions required the supervision of other employees. Therefore, they offered plaintiff a senior planning position, which did not require the supervision of other employees. 1

On November 30, 1992, pursuant to Abbott personnel policy number 222 (policy 222), plaintiff appealed his reassignment directly to Robert Beck, corporate vice president-personnel, the highest stage of Abbott’s five-level appeal process. Beck contacted McNally and Charles Brown to form a committee that could review the appeal. The committee issued a decision on January 19, 1993, and determined that the transfer of plaintiff to a nonsupervisory position was appropriate.

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Vickers v. Abbott Laboratories, 719 N.E.2d 1101, 308 Ill. App. 3d 393, 241 Ill. Dec. 698 (Ill. Ct. App. 1999).

719 N.E.2d 1101 (Vickers v. Abbott Laboratories) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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