Lisdahl v. Mayo Found. For Med. Educ. And Research

698 F.Supp.2d 1081

Chad Leroy LISDAHL, Plaintiff,v.MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH, d/b/a Mayo Medical Transport, a/k/a Gold Cross Ambulance, and David B. Johnson, individually, Defendants.

Civ. No. 07-3708 (RLE).

United States District Court D. Minnesota.

Feb. 1, 2010.

COPYRIGHT MATERIAL OMITTED

George C. Aucoin, The Law Offices of George C. Aucoin, APLC, Metairie, LA, Kenneth A. Kimber, Hanft Fride PA, Duluth, MN, for Plaintiff.

Gregory J. Griffiths, Dunlap & Seeger, Rochester, MN, for Defendants.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT

RAYMOND L. ERICKSON, United States Chief Magistrate Judge.

I. Introduction

This matter came before the undersigned United States Magistrate Judge pursuant to the parties' consent, see Title 28 U.S.C. § 636(c), for the conduct of a Bench Trial. The Trial commenced on August 24, 2009, and concluded on August 27, 2009. Thereafter, the parties simultaneously submitted post-Trial briefs, with the last such brief having been filed with the Court on September 30, 2009, at which time, the matter was taken under advisement. At the time of Trial, the Plaintiff Chad Leroy Lisdahl (“Lisdahl”) appeared by George C. Aucoin, Esq., and the Defendants Mayo Foundation for Medical Education and Research, d/b/a Mayo Medical Transport, a/k/a Gold Cross Ambulance (“Gold Cross”), and David B. Johnson (“Johnson”), appeared by Gregory J. Griffiths, Esq.

This action centers upon Lisdahl's contention that the Defendants violated his rights under the Uniformed Services Employment and Reemployment Act of 1994, Title 38 U.S.C. §§ 4301 et seq. (“USERRA”). Specifically, Lisdahl claims that the Defendants unlawfully compelled him to complete a pre-work screening (“PWS”), and an employment orientation; improperly required him to renew his certification with the National Registry of Emergency Medical Technicians (“National Registry”); failed to promptly reemploy him in the same position that he had held prior to his extended Military Leave; failed to promote him consistent with his seniority; and all this in retaliation, and with the intent to discriminate against him, on the basis of his military service. In addition, Lisdahl alleges that the Defendants, and Johnson in particular, created a hostile work environment that eventually led to his constructive discharge.

The Defendants deny any violation of USERRA, and contend that Lisdahl returned to his prior position as soon as practicable under the circumstances, that he was not discriminated against on the basis of his military service, in any of the ways that he has alleged, and they maintain that his termination of employment was solely the product of his own voluntary quit.

Based upon the entirety of the Record before us, the files, Exhibits, and arguments of counsel, and being fully advised in the premises, we now make our Findings of Fact, and Conclusions of Law, as follows:

II. Findings of Fact

1. Gold Cross provides ambulance services to eleven (11) or so localities, inclusive of the Duluth, Minnesota, and Superior, Wisconsin, geographic areas. In the Duluth-Superior area, Gold Cross employs approximately fifty (50) paramedics, many of whom either are, or were, members of the military services during portions of their employment with Gold Cross. In the mid-to-late 1990's, Gold Cross sought to become more effective, and efficient in its business operations, through its corporate structure. This effort resulted in corporate-wide regulations and policies, and the development of a standardized method for progressing new hires, as well as those who were returning to the company's employ, through a proficiency of medical care, so as to allow the employee to attain “status” level.

2. A status Paramedic is able to be partnered with a nonstatus, or another status Paramedic; whereas, a nonstatus Paramedic could only respond to medical emergencies while in the company of a status Paramedic. In the view of Gold Cross' management, an insistence upon employing status Paramedics best served the medical needs of the public, the professional needs of the Paramedics, and of Gold Cross' Medical Director, and assured the highest level of patient care. Since as long as any witness could remember, Gold Cross has also insisted upon having each Paramedic, who is in its employ, attain and maintain certification with the National Registry.

3. Lisdahl was first introduced to Gold Cross' operations during a ride-along that he undertook as a part of his training in Fire Technology. See Defendant Exh. 1, at p. 2076.¹ He liked that experience, and matriculated at Hibbing Community College in an instruction program for Paramedic Technology. Id. After fourteen (14) months in that program, Lisdahl graduated, and thereafter, in May of 1999, he received his certification from the National Registry. See Plaintiff Exh. 30. Subsequently, in October of 1998, Lisdahl accepted employment with Gold Cross as a “Med Cab Driver” in Gold Cross' Duluth location, where he provided intra-facilities transfers for, among others, those patients who were restricted to a wheelchair. Id. at p. 2066. Then, in June of 1999, Lisdahl accepted a position at Gold Cross as a part-time Paramedic, again working at the Duluth location. Id. at p. 2058. In due course, Lisdahl obtained a full-time Paramedic position at Gold Cross, id. at p. 2023, and then, according to Lisdahl, he secured “status” standing within six (6) months thereafter.

4. By all accounts, Lisdahl was an exemplary Paramedic, and his work in that field was respected by his co-employees, by Johnson, and by all of the members of Gold Cross' management team. He appears to have secured his pay raises as they were due, and he maintained his professional accreditations through the completion of appropriate programs of continuing education. During the period from 2000 to 2002, Lisdahl was working a standard schedule for a Paramedic, with two (2) twenty-four (24) hour shifts, followed by five (5) days when he was not working. He testified that he loved the work, and that he was never the subject of any complaint. In that same period of time, Lisdahl functioned as the Assistant Team Captain to Roger Swor (“Swor”), who was the Team Captain on the B Shift.

5. In 2002, Lisdahl decided to enter the United States Marine Corps, and his last day of work at Gold Cross was on October 2, 2002. Id. at p. 2018. During the following four (4) years, Lisdahl served his country in three (3) tours of duty, as a Marine infantry man, in the armed conflict in Iraq. His service commenced as a Private but, over the course of his service, he was promoted through Private First Class, and Corporal, to the rank of Sergeant.

6. Lisdahl recalled conferring with Douglas Haffield (“Haffield”), who is Gold Cross' Assistant Coach for Education, before Lisdahl went on active duty. Lisdahl recalled that Haffield had impressed upon him the need to maintain his Minnesota licensure as a Paramedic. According to Lisdahl, this required that he continue with certain educational and training programs, for which he incurred unspecified expense, but that he never requested reimbursement from Haffield. Lisdahl testified that he did not recall Haffield advising him that it would be extremely difficult to maintain certification with the National Registry, owing to the fact that the certification required training programs which, in all likelihood, would not be available to Lisdahl while deployed, as well as the need for verification of training, and proficiency, by Gold Cross' Medical Director. Lisdahl flatly denied that Haffield informed him that the National Registry had a military liaison for those in the military services.

7. In contrast, Haffield testified that he specifically recalled informing Lisdahl to maintain his Minnesota Paramedic's license, since maintaining his certification with the National Registry would be extremely difficult. Haffield also specifically recalled advising Lisdahl that the National Registry retained a military liaison for service members, in order to assist in any attempt to maintain a Paramedic's certification. According to Haffield, while National Registry certification was difficult to maintain, if Lisdahl maintained his Minnesota licensure, then he would be qualified to retake the examinations for recertification by the National Registry.² Given this conflict in the testimony, we credit Haffield's recollection for several reasons.

8. First, Lisdahl did not deny having a conversation with Haffield about the maintenance of his qualifications to be a Paramedic. While Lisdahl did not recall any reference to the National Registry certification, or to a military liaison with the National Registry, Haffield testified, we believe credibly, ³ that the conversation, with its referenced content, did occur. Second, Lisdahl did, in fact, forward to Haffield, in March of 2005, an application for recertification by the National Registry, together with a personal check to cover the requisite fee,⁴ but the application was so fatally incomplete that Haffield considered it futile to transmit those papers to the National Registry, and decided not to do so. ⁵ See, Plaintiff Exh. 35. Absent Haffield's advisory, we find it unlikely that Lisdahl would have forwarded an application, albeit an incomplete one, to Haffield as a part of Lisdahl's personal effort to maintain his certification at the National Registry.

9. While still on Military Leave, Lisdahl underwent surgical procedures on each of his knees; the first in May of 2006, and the second in June of 2006. According to Lisdahl, he was released from active duty on August 6, 2006, with a separation date of October 7, 2006. See Plaintiff Exh. 57. Notwithstanding his contention, that he was available for reemployment by Gold Cross on August 1, 2006, we are persuaded that Lisdahl, and Darla K. Oelkers (“Oelkers”), who is the Human Resources Manager at Gold Cross, reached an agreement as to an...