Walter ADREANI, Plaintiff-Appellant, v. FIRST COLONIAL BANKSHARES CORPORATION, Defendant-Appellee

154 F.3d 389, 1998 U.S. App. LEXIS 20719, 73 Empl. Prac. Dec. (CCH) 45,462, 77 Fair Empl. Prac. Cas. (BNA) 1233, 1998 WL 519587
CourtCourt of Appeals for the First Circuit
DecidedAugust 24, 1998
Docket97-2872
StatusPublished
Cited by91 cases

This text of 154 F.3d 389 (Walter ADREANI, Plaintiff-Appellant, v. FIRST COLONIAL BANKSHARES CORPORATION, Defendant-Appellee) 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
Walter ADREANI, Plaintiff-Appellant, v. FIRST COLONIAL BANKSHARES CORPORATION, Defendant-Appellee, 154 F.3d 389, 1998 U.S. App. LEXIS 20719, 73 Empl. Prac. Dec. (CCH) 45,462, 77 Fair Empl. Prac. Cas. (BNA) 1233, 1998 WL 519587 (1st Cir. 1998).

Opinion

RIPPLE, Circuit Judge.

Walter Adreani was a 57-year-old Vice President and Branch Manager of the Bank of Highwood (“Highwood”) when First Colonial Bankshares Corporation (“First Colonial”) acquired Highwood on March 31, 1994. In May 1994, Mr. Adreani’s position was terminated. Mr. Adreani ' brought suit against First Colonial under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-633a (“ADEA”), alleging that the termination was based on his age. First Colonial responded that Mr. Adreani lost his job as a result of a company reorganization and reduction in force (“RIF”). When the district court granted summary judgment to First Colonial, Mr. Adreani appealed. For the reasons set forth in the following opinion, we affirm the judgment of the district court.

I

BACKGROUND

A. Facts

In 1987, when the Bank of Highwood hired Mr. Adreani as a Vice President and Branch Manager of Highwood’s Libertyville branch, Mr. Adreani was 50 years old. During the course of his employment, - Mr. Adreani’s principal responsibilities included generating new loan and deposit business, supervising staff and overseeing the administration of the Libertyville branch. Throughout that time period, Highwood’s senior management consisted of Dante Greco (President and Chief Executive Officer), Bruce Giangiorgi (Executive Vice President and Chief Operating Officer) and John Brennan (Executive Vice President and Senior Lending Officer). Mr. Adreani reported to Bruce Giangiorgi for operational matters and to John Brennan for lending matters.

Mr. Adreani occasionally had discussions with his superiors concerning ways in which Highwood’s performance could be improved through his efforts. He admitted that he was aware that senior management wanted him to increase his level of new business production. However, Mr. Adreani did not consider such discussions to be critical of his performance. In contrast, senior management believed that Mr. Adreani was not generating sufficient new loan business. In late 1993, Giangiorgi told Mr. Adreani to get out of the bank more frequently to call on customers and prospective clients. Giangiorgi gave primary responsibility for operations in the bank to Michael Kelly, a young man hired in 1989 and assigned to assist Mr. Adreani on operations issues. By giving Kelly the main operations duties, Giangiorgi freed Mr. Adreani to devote substantially all of his time to business generation.

Highwood’s senior managers were also dissatisfied with Mr. Adreani’s tardiness. He admitted that he failed to arrive at the bank by 8:30, despite repeated reminders, but explained that sometimes he was attending meetings. Management was also displeased with Mr. Adreani’s poor relationships with *392 other bank employees. Brennan and Kelly witnessed Mr. Adreani’s use of profanities and his instructing other bank employees in a raised voice from his desk; instead of getting up to speak with an employee, they stated, Mr. Adreani would communicate by calling from his desk across the room. They testified that such behavior was unbusiness-like and demeaning to the employees. On several occasions, Brennan and Giangiorgi counseled Mr. Adreani to refrain from speaking to employees in that manner. Mr. Adreani admitted staying at his desk and speaking to an employee by raising his voice so that he could be heard, but insisted that he was not yelling or using profanities as a routine matter. However, both of Mr. Adreani’s supervisors received complaints from employees about Mr. Adreani’s conduct — including his handling of bank personnel, his demeanor with female employees and his attitude toward other department supervisors. Giangiorgi viewed his discussions with Mr. Adreani concerning such conduct as “severe reprimands,” but Mr. Adreani denies there were such discussions.

Senior management’s dissatisfaction with Mr. Adreani’s performance was reflected in the relatively small salary increases and bonuses he received, particularly in the last two years of employment. According to First Colonial, Mr. Adreani received a 3% salary increase, compared to the average increase for officers of 4.33%; he also received only a 2.8% bonus, in contrast with the average bonus of 4.6%. Mr. Adreani did not dispute the figures but pointed out that he still received pay raises and bonuses.

In March 1994, seven years after Mr. Adreani was hired, First Colonial acquired the Bank of Highwood. 1 Soon after the acquisition, First Colonial began an economic restructuring; it centralized and consolidated certain functions, including the commercial lending being handled in Highwood’s branch facilities. First Colonial intended to diminish the role of the branch manager by centralizing its commercial lending services. It then asked Highwood’s senior management staff to recommend a list of ten to twelve employees or positions that could be cut. The High-wood senior managers compiled a list by considering which banking functions would be consolidated under the new management and by reviewing the performance of various employees. Ultimately, nine employees lost their jobs as a part of this RIF. Both branch manager-lenders, including Mr. Adreani, were among the nine, and both of them were over the age of forty.

Mr. Adreani filed a charge of age discrimination with the Equal Employment Opportunity Commission. When the EEOC issued him a right-to-sue letter, he filed his complaint in the district court.

B. Decision of the District Court

The district court commented first on Mr. Adreani’s loss of his job as a result of the RIF. According to the court, Mr. Adreani did not dispute that Highwood’s senior managers considered First Colonial’s restructuring and downsizing plans and also assessed their employees’ performance of their duties when they determined which employees’ jobs would be terminated. The court then noted Mr. Adreani’s claim that age, rather than those criteria, played the primary role in his termination. In support of that contention, he stated that Michael Kelly, his assistant, took over his job, including the generation of commercial loans. Upon examination of the record, however, the district court found that Kelly primarily was responsible for the operational management of both bank branches and not for loan generation. It further found that, after First Colonial’s reorganization, commercial services were no longer offered at the branch banks and were no longer the duty of a branch manager.

The district court then reviewed First Colonial’s claim that Mr. Adreani’s performance was deficient. Highwood’s senior management asserted that it had included Mr. Adreani among those suggested for job termination specifically because he was not generating enough business, was habitually tardy and maintained poor relationships with other employees. Mr. Adreani disputed those characterizations; he insisted that his job performance was adequate and that any *393 performance discussions he had with Gian-giorgi, Greco or Brennan were simply general suggestions about the bank’s need for more commercial loans rather than personal criticisms of him.

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154 F.3d 389, 1998 U.S. App. LEXIS 20719, 73 Empl. Prac. Dec. (CCH) 45,462, 77 Fair Empl. Prac. Cas. (BNA) 1233, 1998 WL 519587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walter-adreani-plaintiff-appellant-v-first-colonial-bankshares-ca1-1998.