Brown v. Queen City Supply Company

DARREN BROWN, Plaintiff, v. QUEEN CITY SUPPLY COMPANY d/b/a MQ AUTOMATION, Defendants.

No. 1:19-cv-674

United States District Court, S.D. Ohio, Western Division, Cincinnati

June 25, 2021

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc 22)

Matthew W. McFarland Judge

This matter is before the Court on Defendant Queen City Supply Company d/b/a MQ Automation ("MQ")'s motion for summary judgment. (Doc. 22.) Plaintiff filed a response in opposition (Doc. 27), to which MQ filed a reply (Doc. 30) making this matter ripe for review. For the reasons below, MQ's motion is GRANTED IN PART and DENIED IN PART.

FACTS

MQ, a supplier of high quality specialized industrial tools and products, hired Plaintiff Darren Brown in 2011. Brown initially worked as an engineer and was paid on a salary basis. Two years later, Brown transitioned to a sales role ("Territory Manager") so he could earn more money. The essential job functions of a Territory Manger include building and maintaining relationships with MQ's current customers, identifying/ developing relationships with new customers, and meeting with customers to make sales and service existing contracts. Meeting with customers face-to-face was required. On average, Brown had 10-15 such meetings each week.

Based on the record, it appears that Brown was good at his job. And by April 2018, he was confident he could make more money if he worked on a full-commission basis - an option MQ offered to all its sales employees. So, later that month, Brown started getting paid exclusively on commission and immediately began earning higher compensation.

However on July 16, 2018, Brown was scheduled to have an in-person meeting with a customer. Just before it was set to take place, Brown texted his supervisor, Dean Valvano, and asked if he could cover for him because he was having a "medical issue." Valvano said yes but asked if he could call Brown to see what was going on. During the call, Brown told Valvano that he couldn't meet with the customer because he was experiencing a high level of anxiety and needed a couple days off work to get his anxiety under control. (Brown planned to see his doctor, Dr. Pete Scheidler, and get back on medication.) MQ approved his request and granted him paid time off work. Prior to this, Brown had never requested any type of accommodation and had never disclosed to anyone at MQ that he had anxiety or any other disability.

Later that day, Valvano texted Brown, "after you have seen your doctor and the medicine is working, I would like to meet with you." (Doc. 17-3.) Brown emailed back the next day and stated that he was still not feeling well. Valvano forwarded the email to MQ's president, Keith Chabut. According to Chabut and Valvano, the two of them then met to discuss possible accommodations MQ could make for Brown, Chabut recalls that the discussion was focused on "how we can help him." (Doc. 18, p. 95-97; Doc. 19, p. 119.) Brown, however, denies that this discussion ever occurred.

Valvano texted Brown again the next day and asked, "how are you feeling, are you able to meet tomorrow?" (Doc. 17-3.) Brown responded that he was "better but freaking out about meeting with you." (Id.) Valvano reassured Brown to "not think negative, MQ needs you healthy and you need to be healthy. However, I want to talk with you when you ['re] feeling better and can think clear." (Id.) When they eventually spoke over the phone later that evening, Brown explained what his condition was - generalized anxiety disorder (GAD)-and the factors that triggered it. When Brown experienced "episodes," he would have difficulty with certain normal life activities, such as interacting with people, and would avoid social interactions until he could build up his serotonin levels. Brown followed up by texting Valvano a generic internet definition of "social anxiety disorder." Valvano thanked Brown for the details and told him "when you['re] ready[, ] we need to meet and get you back [to] MQ[, ] if tomorrow is too fast, let's meet on Monday." (Id.) Brown said he would stay home the rest of the week and take vacation days, but Valvano responded, "don't worry about that" and to take sick days. (Id.) Valvano offered to meet with Brown at a restaurant near Brown's home. Brown chose to meet at a local saloon the next day ("July 20^th Meeting").

The parties, however, have different recollections of what all was said during the July 20^th Meeting.

In MQ's eyes, the purpose of the July 20^th Meeting was for Valvano to meet with Brown in person and discuss possible accommodations that would permit him to return to work. (Doc. 18, p. 100; Doc. 19, p. 126-127.) According to MQ, Chabut and Valvano met prior to the meeting to discuss what some accommodations might be. Chabut made it clear that he "did not want to lose [Brown]." (Id.) So, they discussed possibly creating a new position that would suit Brown and his particular needs. Chabot recalls that the new position was to be presented to Brown as "Hey, let's talk about the position that we're creating for you. Let's find a way to make it work together," (Id., 135-136.) When Valvano and Brown eventually met on July 20^th, Valvano recalls discussing a variety of topics and encouraging Brown to continue seeking medical help. Valvano explained that MQ was "trying to collaborate here as a team" and that the whole group just wanted to find a way to get him back to work. (Doc. 18, 101-112.) Valvano brought up the possibility of Brown taking on a new position in which he would work as an engineer but still assist the sales team. This would limit Brown's direct interaction with customers, which MQ hoped would alleviate his anxiety. Valvano testified that he was simply "presenting ideas," and that he clearly presented the position as merely an "opportunity" or "option." (Id.) Brown, however, got upset and abruptly ended the meeting without making any suggestions.

Brown has a different recollection of the meeting. In his eyes, the purpose of the meeting was for MQ to formally demote him. Brown denies that Valvano offered him the "option" to stay in his Territory Manager position, or that Valvano ever stated the new position was an "opportunity," "proposal," or anything similar. (Doc. 27, p. 52-3.) Rather, Brown recalls that Valvano stated, "You are being moved to engineering, per Keith [Chabut], to help with your anxiety," and then allegedly showed Brown a text message from Chabut indicating as much. (Doc. 17; Doc. 25.) Valvano denies that the text message from Chabut was a directive that Brown had to take the new position. Instead, Valvano asserts that he merely showed Brown the text to make him feel comfortable and to demonstrate that the entire team, including MQ's president, was trying to be collaborative and get Brown back to work. Regardless, Brown got upset and expressed his displeasure, explaining to Valvano that he had spent years building up his sales, improving his skills, transitioning accounts, and increasing his pay- particularly under his new commission structure.

Over the course of the next week or so, Valvano and Brown exchanged a series of texts and emails. (See Docs. 17-3, 17-9, 19-13, & 19-14.) Brown expressed his frustration about leaving his sales role but also showed interest in the new position. On Sunday, two days after the meeting, Valvano texted Brown to ask how he was doing. Brown responded: "Horrible .. . job position change put me over the edge. Cant sleep, cant eat, cant function. [Dr.] Pete [Scheidler] wants me to check into hospital but I'm hoping things clear up." (Doc. 17-3.) Valvano replied, "Please listen to Pete, he is a Dr. and [y]our good friend." (Id.) Brown emailed Valvano the next day and informed him that his anxiety was still an issue. He asked Valvano if it would be best to take vacation days or FMLA since his anxiety was still an issue. MQ provided Brown with details about how to obtain short term disability, which he applied for and was granted. Brown also asked Valvano for the details of the new engineering role, including "pay struct[u]re, responsibilities, health care, expenses, bonus structure, and other pertin[e]nt details." (Doc. 19-13.) Valvano responded that he would "be meeting with Bob [Meyer] and Keith [Chabut] to define the pay structure and all the details relating [to] this position" and that he would send the additional information after meeting with them. (Doc. 18-2.) Later that day, Brown emailed Valvano the following:

I've accepted the fact that I will go back into an engineering role and am excited to hear the details of the position. I am a employee that only wants to do my best to make MQ successful. With that said I also believe that my sales numbers speak for themselves ... I would love to continue my role in sales but maybe I don't have all the information and you and Keith (Chabut) know best... I appreciate all the efforts and opportunities that MQ has given me and I sincerely apologize for not meeting your expectations.

(Doc. 19-14.)

Valvano emailed Brown the next day and asked, "[t]o try and determine when you['re] coming back, I assume all this week, are you taking next week?" (Doc. 17-9.) Brown responded that he hoped to be back the following week but then added that "[t]his has really crushed me ... I know it's out of your hands but I truly believe I am a good salesman that builds great relationships with my customers." (Id.) Valvano responded that MQ had "created a new position as the lead application engineer" ("LAE") and that he "would have better details coming." (Id.) Valvano texted Brown and asked if he was available to "meet and discuss your new role? Or do you need time to yourself as vacation]?]" (Doc. 17-3.) Brown responded that he was a "me...