French v. Eagle Nursing Home, Inc.

973 F.Supp. 870

Rozmeree FRENCH, Plaintiff, v. EAGLE NURSING HOME, INC., a Minnesota Corporation; Eagle Nursing Home and Convalescent Center, Inc., a Minnesota Corporation; William J. Eagle, individually and in his capacity as Chief Executive Officer; Steven Winthrop, individually and in his capacity as Officer; Jan Andreen, individually and in her capacity as Director of Nursing; Marci Martinson, individually and in her capacity as Assistant Director of Nursing; and Kathy Johnson, individually and in her capacity as Nurse Manager, Defendants.

Civ. File No. 3-96-67.

United States District Court, D. Minnesota, Third Division.

August 5, 1997.

COPYRIGHT MATERIAL OMITTED

Christopher Robert Walsh, Walsh Law Office, Minneapolis, MN, for Rozmeree French.

Samuel D. Orbovich, Thomas L. Skorczeski, Orbovich & Gartner, St. Paul, MN, for Eagle Nursing Home, Inc., William J. Eagle, Jan Andreen, Marci Martinson, Kathy Johnson.

Joseph W. Anthony, Leny K. Wallen-Friedman, Gena Anne Braaten, Fruth & Anthony, Minneapolis, MN, for Eagle Nursing Home and Convalescent Center, Inc., Steven Winthrop.

MEMORANDUM AND ORDER

MAGNUSON, Chief Judge.

This matter is before the Court upon the Motion for Summary Judgment of Defendants Eagle Nursing Home, Inc., Jan Andreen, Marci Martinson, Kathy Johnson, and the Estate of William J. Eagle (collectively, the "Eagle Defendants"), and upon the Motion for Summary Judgment of Defendants Eagle Nursing Home and Convalescent Center, Inc. and Steven Winthrop. For the following reasons, the Court grants Defendants' motions.

BACKGROUND

Plaintiff Rozmeree French, a licensed practical nurse ("LPN"), began working for Defendant Eagle Nursing Home ("Eagle") on January 19, 1992. Initially, she was the "charge nurse" on the night shift, in charge of care for up to eighty residents. French also supervised the Certified Nursing Assistants who worked with her on the night shift. French was employed in this capacity until approximately May 1993, when she moved to the day shift. Until that time, the nursing supervisors had not directly observed French's job performance, although Defendant Jan Andreen, the Director of Nursing, had written evaluations in April and May 1992 stating that she felt that French satisfied the requirements of her position. In June 1992, Andreen sent French a memorandum criticizing several of her practice habits. An independent pharmacy consultant noted some problems with French's handling of medications in March 1993. The same consultant noted improvement in a second evaluation six months later. In April 1993, French received an written evaluation indicating that more than thirteen separate areas of practice needed improvement. On June 3, 1993, Defendant Marci Martinson, Eagle's Assistant Director of Nursing, conducted a day-long follow-up reorientation with French for the purpose of improving on these problem areas. Shortly thereafter, during the summer of 1993, Defendant Kathy Johnson, a Nurse Manager, observed French's inability to start oxygen flowing to a patient. Johnson stepped in to begin the oxygen flow successfully and then reported the incident to Andreen.

By April 1993, Eagle had hired several male LPNs. The new male LPNs allegedly were paid more than female LPNs with the same or more experience. French maintains that by early May 1993, she had questioned Defendant William Eagle¹ about this pay policy, had requested a raise, and had been told to discuss the matter with Andreen. French did so, but her complaint was not documented or investigated. French also asked Defendant Steven Winthrop, Eagle's Controller, about receiving a raise on several occasions. Winthrop told French that he was working on the problem but claims not to have told her that he had the authority to authorize pay raises. According to French, Defendants Martinson and Johnson also were aware of French's numerous complaints about the pay disparity between male and female LPNs at Eagle. French contends that she began to receive negative performance reviews shortly after making her initial complaints about unequal pay to William Eagle, Winthrop, and Andreen.

On October 12, 1993, French was caring for Resident E.L., a resident with terminal lung cancer. Johnson instructed French to pay special attention to this resident, who had been prescribed morphine on an as-needed basis. The Eagle nursing staff had administered morphine to Resident E.L. three times the previous day. French did not administer morphine to Resident E.L. at any time during her shift and did not take the resident's vital signs or chart her progress until the end of her shift. When Johnson asked French midway through her shift whether French had given Resident E.L. any medication, French responded that she had administered Resident E.L.'s "eight o'clock scheduled med." (French Dep. at 133-34.) At the end of French's shift, Johnson asked whether French had given the patient any morphine. French informed Johnson that she had not. There is conflicting testimony about precisely what was said in these two conversations between French and Johnson and about the surrounding circumstances, including the nature of Johnson's reaction to French's conduct. French contends that during the second conversation, Johnson defamed her and placed her in danger of physical contact by calling her a terrible nurse and by throwing up her hands and pointing a finger at French.

The next day, October 13, French received a six-day suspension notice from Andreen based on her failure to be forthcoming with the fact that she had not given the dying patient the authorized morphine and for improperly identifying medications. The notice also suggested that French use the suspension time to review medication administration procedures. While French did not sign the suspension notice as Andreen requested, she conceded in her deposition that the suspension notice did not constitute a termination and that her supervisors did not inform her that she was being discharged from her employment. (See French Dep. at 161.) On October 16, 1993, French tendered a handwritten termination notice to Eagle. The parties dispute when French's resignation was to become effective; however, it is clear that French did intend to leave her position at Eagle.

French submitted a handwritten note concerning the pay discrepancy between male and female nurses at Eagle to the Minnesota Department of Human Rights ("MDHR"). Although the note was dated October 7, 1993, French cannot recall the date that she mailed the note to the MDHR. None of the Defendants claim to have known about French's correspondence with the MDHR until after October 16, 1993, the date of French's resignation. French maintains that the Defendants learned that she was filing a complaint with the MDHR prior to suspending her. On October 22, 1993, the MDHR sent French a letter stating that it was unable to draft a charge in her case and requesting additional information and evidence.

In February 1994, Andreen notified the Minnesota Board of Nursing ("the Nursing Board") of French's October 1993 suspension. Andreen contends that she was reminded to report the suspension by a continuing education seminar that she attended the day before she notified the Nursing Board. French disagrees, characterizing Andreen's delay in reporting the suspension as retaliation for French's MDHR complaint. Consequently, in May 1994, the Nursing Board sent French a Notice of Conference containing allegations of French's noncompliance with the Nurse Practices Act. French has met with Nursing Board representatives to present her version of the allegations, and the Nursing Board's investigation remains open.

French filed a complaint with the Equal Employment Opportunity Commission ("EEOC") in April 1994. In the complaint, French claimed that she had been harassed, denied equal pay, unfairly disciplined, and forced to resign, all due to her gender. (See French Dep. Ex. 13.) As a result of French's allegations, the EEOC filed suit against Eagle for violations of the Equal Pay Act. See EEOC v. Eagle Nursing Home, Civil File No. 3-96-188 (D.Minn.) The parties settled the EEOC litigation after French signed a release on January 23, 1997, waiving "any and all claims for equal pay during my employment at Eagle Nursing Home that I may have...." in exchange for a payment of $20,000.00 from Eagle. (French Dep. Ex. 2.) French did not release any claims of other discrimination, harassment, constructive discharge, aiding and abetting, retaliation, negligent infliction of emotional distress, tortious interference with contract, or defamation. (See id.)

French filed the instant action on January 19, 1996, alleging violations of Title VII and the Equal Pay Act (Count I); discrimination, harassment, and constructive discharge in violation of the Equal Pay Act, Title VII, and the Minnesota Human Rights Act ("MHRA") (Count II); aiding and abetting and retaliation in violation of Title VII and the MHRA (Count III); negligent infliction of emotional distress (Count IV); tortious interference with contract (Count V); and defamation (Count VI). Count I was dismissed with prejudice pursuant to a Stipulation and Order for Partial Dismissal filed with the Court on March 4, 1997. French v. Eagle Nursing Home, Inc., Civil File No. 3-96-67 (D.Minn. Mar. 4, 1997) (stipulation and order for partial dismissal) (Clerk Doc. No. 22). The Eagle Defendants and Defendants Steven Winthrop and Eagle Nursing Home and Convalescent Center, Inc. ("Convalescent Center") move the Court for summary judgment on all remaining counts of the Complaint. The Court will consider each of French's claims in turn.

DISCUSSION

Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Unigroup, Inc. v. O'Rourke Storage &...