Rakowski v. Best Buy Stores, L.P.

MICHAEL RAKOWSKI, Plaintiff, v. BEST BUY STORES, L.P. et al, Defendants.

Civil No. ELH-20-1107

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

November 3, 2020

MEMORANDUM OPINION

In this employment dispute, plaintiff Michael Rakowski has sued his former employer, Best Buy Stores, L.P. ("Best Buy" or "Employer"), and his former manager at Best Buy, Derek Basignani. ECF 1 (the "Complaint"). In a single-count Complaint, Rakowski asserts "interference and retaliation" under the Family Medical Leave Act ("FMLA"), 42 U.S.C. § 12101 et seq. See ECF 1 at 10.

Defendants have moved to compel arbitration and to dismiss or stay this action pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., and Best Buy's Arbitration Policy. ECF 4. The motion is supported by a memorandum of law (ECF 4-1, collectively, the "Motion") and six exhibits. ECF 4-2 to ECF 4-7. Plaintiff opposes the Motion. ECF 7 (the "Opposition"). Defendants have replied (ECF 10, the "Reply") and submitted seven additional exhibits. ECF 10-1 to ECF 10-7.

No hearing is necessary to resolve the Motion. Local Rule 105.6. For the reasons that follow, I shall grant the Motion and dismiss the suit.

I. Factual Background

A. Rakowski's Employment with Best Buy

Best Buy, a consumer electronics retailer, operates stores at locations throughout Maryland, including White Marsh. ECF 1, ¶ 2. Basignani served as "General Manager" of the White Marsh store in 2018. Id. ¶ 3.

Rakowski began working for Best Buy at the White Marsh location in 2010. Id. ¶ 6. He started as a "Sales Consultant" in January 2010, was promoted to supervisor in October 2010, and became "Assistant Store Manager for Sales" in 2014. Id. Occasionally, Rakowski would also serve as "Manager-on-Duty and was responsible for the operations of the entire store." Id. ¶ 8. He continued to serve as Assistant Store Manager until his final day of employment with Best Buy on June 2, 2018. Id. ¶ 42.

According to plaintiff, he "maintained a highly successful professional career at Best Buy for more than eight years, managing overall operations and employees within the selling departments in his store." Id. ¶ 7. Plaintiff also alleges that he was "highly respected by his coworkers;" "won several awards;" "was chosen to represent Best Buy in the Community Grants Program;" and "he was ranked as one of the top assistant store managers within Best Buy during several months in 2017." Id. ¶¶ 9,10. Further, plaintiff was "selected to participate in the General Manager training classes during 2017," and claims that "he was told that he would be considered for a promotion during the next year." Id. ¶ 10. And, on January 20, 2018, Rakowski "received a plaque for Leadership Development" after he completed the general manager training. Id. ¶ 13.

In November 2017, Rakowski's wife was diagnosed with breast cancer, for which she "would be undergoing surgery and chemotherapy and radiation treatment . . . ." Id. ¶¶ 11, 12. According to plaintiff, his wife "would need assistance with daily tasks such as preparing meals,getting dressed, going to the bathroom, being transported to and from doctor's appointments and medical procedures and other daily tasks." Id.

Rakowski's wife underwent a lumpectomy on January 30, 2018. Id. ¶ 14. Then, on February 4, 2018, Rakowski "asked his coworker, Sharon McCargo-Garrison," the "Assistant Store Manager for Operations, if she would switch shifts with him" on February 15, 2018, because he was scheduled to work on that date, and his wife had a chemotherapy appointment. Id. According to plaintiff, "he had previously requested to be off on that date, but Mr. Basignani scheduled him to work." Id. And, according to plaintiff, McCargo-Garrison "immediately refused" Rakowski's request to switch shifts. Id. ¶ 15. Thereafter, Rakowski "complained to Stacy Wilson," a human resources manager, who "told him that he should apply for FMLA coverage to protect himself." Id.

On February 9, 2018, Rakowski "formally notified Best Buy that he would need time off to care for his wife." Id. ¶ 16. He submitted an application for "intermittent FMLA leave" on February 21, 2018, so that he could assist his wife "while she underwent medical treatment for her breast cancer." Id.

A week later, on February 28, 2018, Best Buy approved Rakowski's application for intermittent FMLA leave coverage for the period from March 9, 2018 through July 13, 2018, which was the "initial estimated period of time" that Rakowski's wife would be undergoing procedures and treatment. Id. ¶¶ 17, 18. In doing so, Best Buy "agreed to modify [plaintiff's] normal weekly schedule" for the requested time period. Id. This meant "that instead of working five or six days each week, totaling between fifty (50) and sixty (60) hours each week," Rakowski "would be allowed to work four days a week for up to six hours each day for a total of approximately twenty-four (24) hours each week." Id. ¶ 17. Rakowski would also "be allowed to take a full day off onup to four days each month if necessary to provide care to his wife" for the period from February 10, 2018 to February 9, 2019. Id. ¶ 19.

The week of March 9, 2018, immediately after Rakowski's FMLA request was approved, he "was allowed to work a limited schedule since it was the first week of his wife's chemotherapy treatment." Id. ¶ 20. However, according to plaintiff, the next week, Basignani required Rakowski "to continue working the same long hours that he had" worked before requesting FMLA leave. Id. ¶¶ 20-21. In particular, Rakowski worked "a) from 11:00 a.m. to close on Sunday; b) from 7 a.m. to 5 p.m. on Monday; c) from 12 p.m. to close on Tuesday; d) from 12 p.m. to close on Thursday; and e) from 7 a.m. to 5 p.m. on Saturday." Id. ¶ 21.¹ This totaled more than 50 hours during that week, even though plaintiff was only supposed to work 24 hours per week. Id. ¶ 22. Moreover, Rakowski claims that he was consistently required to work more than 50 hours a week throughout the remainder of his employment with Best Buy, including the week of April 15, 2018, and his last two weeks of work. Id. ¶¶ 27-29, 39-40.

Rakowski alleges that he "complained about his scheduled hours" to Basignani and Wilson. Id. ¶ 23. But, Basignani "refused to change" Rakowski's schedule, and Wilson told Rakowski "that he had to handle the matter with Mr. Basignani." Id.; see also id. ¶ 30.

On March 23, 2018, Rakowski asked Basignani if "he could move up his previously scheduled vacation (in July 2018) to the time frame between March 27, 2018 and April 14, 2018," to give him additional time to care for his wife. Id. ¶ 24. According to Rakowski, "Basignani assured him that it was fine" to change the time of his vacation. Id. As a result, Rakowski did not go into work between March 27, 2018 and April 14, 2018. Id. ¶ 25. However, during this periodRakowski alleges that he "was repeatedly contacted by management at Best Buy to answer questions and deal with store issues." Id. ¶ 26.

Moreover, Rakowski claims that on April 19, 2018, he "learned that Mr. Basignani had not changed his schedule to allow him to use his previously-scheduled vacation time." Id. ¶ 31. Instead, Basignani "improperly submitted the time off as 'continuous FMLA leave' time," even though Rakowski had never applied for continuous FMLA leave and had not "authorized" Basignani to file such a request on his behalf. Id.

On April 25, 2018, the human resources department contacted Rakowski to inform him that he was required to submit "documentation to support his time off by April 26, 2018" or "his absences would be considered unexcused, which would subject him to potential disciplinary action, up to and including termination." Id. ¶ 32. According to plaintiff, "[t]his was part of a continuing stream of harassment and mistreatment that [he] was subjected to for attempting to exercise his rights under the FMLA." Id. ¶ 33.

Further, Rakowski alleges that "during this time frame" some of his "coworkers made inappropriate and condescending comments" regarding Rakowski's "need for leave to take care of his wife." Id. ¶ 34. McCargo-Garrison, for example, called Rakowski "'a joke' when he was discussing his need for time off," and Anthony Rosselli, a sales manager, "joked about Mr. Rakowski's need for time off to care for his wife." Id. In addition, neither Basignani nor McCargo-Garrison signed the "get well card" that all of the other staff at the store gave to Rakowski for his wife. Id. ¶ 35. Plaintiff maintains that, "[t]aken as a whole, Mr. Basignani's and Ms. McCargo-Garrison's hostility towards Mr. Rakowski was evident." Id.

On May 15, 2018, Rakowski told Basignani that "his schedule for the next week was, once again, not compliant with his FMLA leave." Id. ¶ 36. According to plaintiff, in response,Basignani said that "'the plan' was not for him to have reduced hours and that he was negatively 'impacting other people's households' by requesting a reduced schedule." Id. Basignani also allegedly "suggested that he did not think that Mr. Rakowski needed time off and wanted to know exactly what Mr. Rakowski would be doing for his wife if he stayed home instead of coming to work." Id.

Later that same day, Rakowski resigned from his position, effective June 2, 2018. Id. ¶ 38. Rakowski alleges that he "believed he had no choice but to resign from his position...because Best Buy was not allowing him time to provide care for his wife." Id. In fact, the day after he resigned, plaintiff claims that Basignani told him "not to return to the store for his final two weeks, stating, 'Well isn't this what you wanted, now you can spend time with your wife.'" Id. ¶ 41.

Rakowski alleges that, as a result of Best Buy's "decision to interfere with and retaliate against" him, he was subjected to "constructive discharge," and he "suffered lost wages and benefits, as well as emotional distress, including extreme embarrassment and humiliation, anxiety, stress and tension headaches, loss...