Yazdian v. ConMed Endoscopic Technologies, Inc.

30 F. Supp. 3d 688, 2014 WL 2931856, 2014 U.S. Dist. LEXIS 88688
CourtDistrict Court, S.D. Ohio
DecidedJune 30, 2014
DocketCase No. 1:12-CV-951
StatusPublished

This text of 30 F. Supp. 3d 688 (Yazdian v. ConMed Endoscopic Technologies, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yazdian v. ConMed Endoscopic Technologies, Inc., 30 F. Supp. 3d 688, 2014 WL 2931856, 2014 U.S. Dist. LEXIS 88688 (S.D. Ohio 2014).

Opinion

ORDER

SANDRA S. BECKWITH, Senior District Judge.

This matter is before the Court on Defendant ConMed Endoscopic Technologies, Inc.’s motion for summary judgment (Doc. No. 28). For the reasons .that follow, Defendant’s motion for summary judgment is well-taken and is GRANTED.

I. Background

Plaintiff Reza Yazdian presents claims against Defendant ConMed Endoscopic Technologies, Inc. (“ConMed”) under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., relating to the termination of his employment in July 2010. Specifically, Plaintiff alleges that ConMed terminated his employment because of his Iranian national origin and Muslim religion and in retaliation for having lodged complaints about discrimination. Plaintiff also asserts a state law claim for unjust enrichment under Ohio law which alleges that ConMed has refused to pay him sales commissions he is entitled to receive. Because no reasonable juror could find that Con-Med terminated Plaintiff because of his national origin and/or religion, or that ConMed retaliated against him, ConMed is entitled to summary judgment on Plaintiffs Title VII claims. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 148, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). Additionally, because the record indisputably establishes that ConMed paid Plaintiff all of the sales commissions due him, ConMed is entitled to summary judgment on Plaintiffs unjust enrichment claim.

A. Facts Relevant to Plaintiff’s Title VII Claims

ConMed develops and sells medical devices and equipment, including endoscopic products. As mentioned above, Plaintiff is of Iranian ethnic origin and is a non-practicing Muslim. Plaint. Dep. (Doc. No. 37), at 87. Plaintiff began working for ConMed in 2005 as a territory manager, i.e., sales representative, for the region encompassing Cincinnati. Plaintiff was re[692]*692garded as a capable salesman who consistently met or exceeded his sales goals. According to ConMed, however, Plaintiff was difficult to manage — a failing which ultimately led to his termination.

Plaintiffs difficulties at ConMed began in late 2008 when Tim Sweatt . became the district sales manager for Plaintiffs territory. According to Sweatt, Plaintiffs performance problems centered around his internal communications skills. Sweatt found that Plaintiffs communications with him and other ConMed employees were overly-negative and could be rude and disrespectful. Additionally, Plaintiff had a habit of leaving Sweatt repetitive and overly-long voice mails. Sweatt documented some of these issues in March 2009 in the first and only annual performance review he completed regarding Plaintiff. While overall this review was very positive, Sweatt noted that Plaintiff “should work to improve internal communications with Product Managers when making requests (tone can sometimes be overly demanding).” Sweatt Dep. Ex. 8, at RY000958. Sweatt also commented that “when frustrated his [Plaintiffs] internal communications can be taken as overly negative on occasionf.]” Id.

In April 2009, Sweatt sent Plaintiff a lengthy email in which he outlined continuing problems with Plaintiffs internal communications. Sweatt Dep. Ex. 10. Specifically, Sweatt noted that Plaintiffs response to a congratulatory message Sweatt sent him “was extremely negative, defensive ... and could be taken as insubordinate.” Id.1 Sweatt also commented on a recent conference call he had had with Plaintiff in which he reminded Plaintiff of the need to pay attention to the frequency, tone and length of his internal communications. Id. Sweatt noted, however, that only a few days after that phone conference, Plaintiff had left him two lengthy, repetitive voice mails that were “very negative” towards the company and the marketing team. Id. Sweatt also noted that he observed Plaintiff making negative comments about the company to another sales representative later the same week. Id. Sweatt cautioned Plaintiff that “[t]oo often.your messages are negative, self-centered and redundant” and that “[without immediate correction, this behavior will affect that Southeast district for which I am responsible.” Id. Sweatt told Plaintiff that he needs to be “positive and constructive with the other [territory managers] and to “extend me the business courtesy I am due as your business manager.” ” Id. Sweatt also told Plaintiff that he was willing to help him develop with his communications issues if he committed to improve. Id. Dennis Werger, Sweatt’s immediate supervisor at the time, emailed Plaintiff that Sweatt’s observations were “very constructive, positive and accurate.” Additionally, Werger offered to help Plaintiff improve his communications skills so that his messages did not read so negatively. Plaint. Dep. Ex. 10.

The following day, Sweatt sent Plaintiff an email complimenting him on positive and constructive comments he made during a team conference call. Sweatt Dep. Ex. 9. Sweatt testified that he sent Plaintiff this email in order to reinforce Plaintiffs positive behavior. Sweatt Dep. at 141-43.

[693]*693Plaintiff consistently expressed interest in promotional opportunities to Sweatt and others at ConMed. Sweatt Dep. at 127. Sweatt, however, informed Plaintiff that his communications style was holding him back. Sweatt Dep. at 127. In a January 2010 email from Sweatt to Scott Jackson, who became Sweatt’s supervisor in June 2009, and Mark Donovan, ConMed’s Vice President of Global Marketing, Sweatt provided an update on Plaintiffs communications problems:

I have explained to Reza that what is going to hold him back from career advancement is communication, and that performing as a Trainer is not going to help him in this area. His needs are to better improve his listening and communications skills; learn to accept the word “no” as something other than a personal attack, avoid run-on voice mails that repeat themselves, and recognize that communication should be conversational rather than confrontational, i.e., you can win an argument and still lose.

Sweatt Dep. Ex. 18.

Jackson recalled in his deposition that Plaintiff did not react appropriately when he told Plaintiff that he did not think that he would be a good candidate for a district manager position. Jackson testified that Plaintiff became defiant and disrespectful and questioned his ability to judge Plaintiffs qualifications. Jackson Dep. (Doc. No. 42) at 78-82.

In a journal he kept of weekly calls with his territory managers, Sweatt documented several other occasions when Plaintiff treated him rudely or disrespectfully.2

Plaintiffs problems with appropriate internal communications seem to have come to a head in April 2010. Plaintiff had closed a rather large sale and submitted an article he had written touting his achievement to the editor of 'ConMed’s monthly sales newsletter, Christine Pan-dolf. According to Pandolf, Plaintiff called her at least twenty times to ask whether she was going to publish his article unedited. Pandolf Dep. at 31-38.

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Bluebook (online)
30 F. Supp. 3d 688, 2014 WL 2931856, 2014 U.S. Dist. LEXIS 88688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yazdian-v-conmed-endoscopic-technologies-inc-ohsd-2014.