Wolf v. Antonio Sofo & Son Importing Co.

919 F. Supp. 2d 916, 2012 WL 6962282, 2012 U.S. Dist. LEXIS 186094
CourtDistrict Court, N.D. Ohio
DecidedOctober 19, 2012
DocketCase No. 3:09CV2744
StatusPublished
Cited by2 cases

This text of 919 F. Supp. 2d 916 (Wolf v. Antonio Sofo & Son Importing Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wolf v. Antonio Sofo & Son Importing Co., 919 F. Supp. 2d 916, 2012 WL 6962282, 2012 U.S. Dist. LEXIS 186094 (N.D. Ohio 2012).

Opinion

ORDER

JAMES G. CARR, Senior District Judge.

This is an employment discrimination case in which plaintiff Tara Wolf claims defendant Antonio Sofo & Son Importing Co. (Sofo) terminated her employment because she became pregnant and requested maternity leave under the Family and Medical Leave Act (FMLA). Wolf claims pregnancy discrimination, FMLA interference, and FMLA retaliatory discharge.

Pending is Sofo’s motion for summary judgment (Doc. 41). For the reasons that follow, I grant Sofo’s motion.

Jurisdiction exists under 28 U.S.C. § 1331.

Background

Sofo is a Toledo-based ethnic food distributor. Wolf began working for Sofo as an account manager on December 6, 2004. Sofo assigns each account manager one or more sales “territories” and expects the manager to generate business by visiting existing clients and contacting potential customers. Sofo initially assigned Wolf two territories in Ohio.

At hiring, Sofo informed Wolf of its expectations regarding her performance as an account manager. Sofo primarily evaluates an account manager’s performance based on the number of cases of food sold (case sales). Because case sales naturally fluctuate throughout the year, Sofo compares each month’s sales with the same month from the previous year. Although Sofo considers gross profits important, because case prices fluctuate with the market, a manager’s total case sales is, in Sofo’s view, the best way to gauge whether the manager has attained actual growth.

Sofo told Wolf that each account manager must open ten new customer accounts each year, and each of those accounts must generate at least $1,000 in weekly sales. Sofo also requires each account manager to conduct “kitchen cuttings,” during which the manager introduces new Sofo products to an existing customer. Additionally, the account manager must file daily output records, known as “CPDs.”

Sofo initially paid Wolf $600 weekly. After Wolf completed a ninety-day probationary period, she negotiated a pay increase to $700 weekly.

Wolf received her first performance review in 2005. Wolf met with her immediate supervisor, Judith Williams, and Jeffrey Peer, Williams’ direct supervisor. Because Wolf had not completed a full fiscal year of employment, Williams and Peer primarily discussed Wolfs sales techniques and her completion of CPDs. Williams told Wolf she needed to increase her kitchen cuttings and more consistently complete her CPDs. However, Williams rated Wolf high on personality traits such as knowledge, output, accuracy, judgment, innovation, orderliness, and courtesy.

On May 5, 2006, Wolf requested, and Sofo granted her, twelve weeks of maternity leave. Wolf returned to work without incident in November 2006.

Wolf failed to meet Sofo’s expectations during her first full fiscal year, 2005-2006. Wolf failed to generate new business, perform the required number of kitchen cuttings, or complete her CPDs. However, because she took maternity leave toward the end of the fiscal year, Williams did not conduct an official review of Wolfs performance for that year.

Instead, Williams again met with Wolf informally to discuss her performance. Williams told Wolf that she was not adequately controlling the prices at which she [920]*920sold cases of food to customers. Because Wolfs sales numbers had dropped, but her gross profits increased, Williams knew that Wolf was over-charging in her territories. During that time, Wolf had unfettered access to Sofo’s pricing information for all her customers, and could decrease prices to as low as five percent above cost.

On August 22, 2007, Williams provided Peer with an evaluation of Sofo’s account managers. Williams advised Peer as to whether she believed Sofo should terminate or keep each account manager. Williams indicated, at that time, Wolf remained a “keeper.”

On September 25, 2007, Williams and Peer reviewed Wolfs performance for the 2006-2007 fiscal year. Wolf acknowledged her case sales had decreased and she failed to open any new customer accounts or conduct any kitchen cuttings in the prior year. Williams designated Wolf a “non-contributor” in these categories, and Peer reduced Wolfs pay by ten dollars weekly. However, Williams again ranked Wolf well above satisfactory regarding her personality traits.

After her performance review, Williams assigned Wolf an additional territory to help her increase her sales and open new accounts. Wolf testified she considered the new assignment a promotion.

In early October 2007, Williams accompanied Wolf on a customer visit. During the trip, Wolf told Williams she was pregnant with her second child. Wolfs announcement was followed by “awkward silence.” Williams had congratulated her when she announced her previous pregnancy. This time, however, Williams merely asked Wolf when she was due to give birth. Wolf asked Williams to tell Peer, because she was concerned about how he would react. Williams told Wolf it was not a good time to tell Peer. After Wolf told Williams about her pregnancy, Williams became uncooperative and short with her.

Between her last performance review and January 2008, Wolf had failed to open any new accounts or conduct any kitchen cuttings.

Wolf requested maternity leave in February 2008. Sofo employees submit FMLA requests directly to Sofo’s human resources department. Thus, Wolfs supervisors, Williams and Peer, did not directly handle her FMLA request.

Wolf provided Sofo the necessary FMLA documentation from her doctor. Sofo has failed to provide a copy of the “Response to Employee Request for Family and Medical Leave Act” form that it typically provides employees following an FMLA request. However, Sofo has provided an email chain in which Wolf wrote, “I will need the Family Leave Act paperwork for my upcoming maternity leave. If you could put in my mail for next Fridays [sic] meeting I will take care of getting it to my Dr.” A human resources employee responded, “Not a problem. I just need to know an approximate date of when you[r] leave will start.” The employee testified that Sofo approved Wolfs FMLA request.

In late March 2008, Williams provided Wolf notice that, if she did not improve her performance within thirty days, Sofo would terminate her employment. Williams required Wolf to increase case sales for April and meet her goals regarding kitchen cuttings and customer calls. Wolf failed to meet these requirements, and Sofo terminated her on April 30, 2008.

Williams summarized the reasons for Wolfs termination:

For more than two years, Wolf failed to show case growth in her territories, failed to conduct kitchen cuttings, failed to open new accountsf,] and failed to complete her daily CPD reports. She [921]*921demonstrated poor communication skills. She failed to track her customers and allowed the competition to come into her territory and take her business.
After taking the necessary administrative action, Wolf filed this lawsuit.

Standard of Review

Summary judgment must be entered “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
919 F. Supp. 2d 916, 2012 WL 6962282, 2012 U.S. Dist. LEXIS 186094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolf-v-antonio-sofo-son-importing-co-ohnd-2012.