Taylor v. Fedex Freight, Inc.

ROY TAYLOR, Plaintiff, v. FEDEX FREIGHT, INC., Defendant.

Case No. 1:16-cv-0438-BAM

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

September 12, 2017

ORDER ON DEFENDANT FEDEX FREIGHT, INC.'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT

(Doc. 27)

Plaintiff Roy Taylor ("Plaintiff" or "Mr. Taylor") filed this wrongful termination of employment action against Defendant FedEx Freight, Inc. ("FedEx") on March 29, 2016. (Doc. 1). The parties consented to the jurisdiction of the United States Magistrate Judge. (Docs. 10, 16). For that reason, the action was reassigned to the Honorable Barbara A. McAuliffe for all purposes. See 28 U.S.C.§ 636(c); Fed. R. Civ. P. 73; see also L.R. 301, 305. (Doc. 17).

Presently before the Court is a motion for summary judgment, or in the alternative, partial summary judgment brought by Defendant FedEx Freight, Inc. ("FedEx") pursuant to Federal Rule of Civil Procedure 56. (Doc. 27). Plaintiff opposed the motion on August 4, 2017, and FedEx replied on August 11, 2017. (Docs. 34, 39). The Court heard oral argument on September 1, 2017. Counsel James Ashworth appeared in person on behalf of Plaintiff Roy Taylor. Counsel Tony Carvalho appeared in person on behalf of Defendant FedEx. Having considered the moving, opposition and reply papers and the parties' oral arguments, FedEx's motion is DENIED in PART and GRANTED in PART.

BACKGROUND

A. Summary

For over 13 years, Mr. Taylor, presently a sixty-two year old African-American male, worked as a "line-haul driver" for FedEx until March 21, 2014 when he was fired. Mr. Taylor filed the underlying complaint on March 30, 2016, alleging that FedEx terminated him in retaliation for serving as a class representative in two class action lawsuits arising out of wage-and-hour disputes with FedEx. These class actions were Taylor v. FedEx, Case No. 5:10-cv-02118-LHK removed to the Northern District of California ("Taylor 1"), and Taylor v. FedEx, Case No. 1:13-cv-01137-DAD-BAM removed to the Eastern District of California ("Taylor 2").¹ Taylor 1 and Taylor 2 resulted in an aggregate settlement award of $9 million against FedEx.²

In the underlying action, Mr. Taylor alleges three causes of action under California state law for: (1) Retaliation in violation of California Labor Code § 1102.5; (2) Wrongful Termination in Violation of Public Policy; and (3) Intentional Infliction of Emotional Distress.³ In challenging Mr. Taylor's lawsuit, FedEx argues that Mr. Taylor's termination was not based on his participation in the class litigation but for solely legitimate, non-retaliatory reasons, namely, Plaintiff's lengthy history of disciplinary problems.⁴

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B. Summary of Mr. Taylor's Employment

The following facts are not reasonably in dispute.⁵ From May 18, 2000 through August 23, 2009, Mr. Taylor worked as line-haul driver for FedEx's West Sacramento, California Service Center. (Joint Statement of Undisputed Facts ("JSUF"), ¶ 6, (Doc. 27-16)).⁶ In 2009, Mr. Taylor's position in West Sacramento was eliminated. He was given the option of being laid-off or moving to Medford, Oregon. (Plaintiff's Separate Statement of Disputed and Undisputed Facts ("PSS"), ¶ 4, (Doc. 36)). After opting to take the transfer opportunity, Mr. Taylor worked as a line driver for the Medford, Oregon Service Center from August 23, 2009 through June 2012. JSUF ¶ 7. In July 2012, Mr. Taylor was transferred to the newly built FedEx service center in Kettleman City, California. JSUF ¶ 8, PSS ¶ 10. Plaintiff remained employed as a line driver at the Kettleman Service Center until he was fired on March 21, 2014.

C. Mr. Taylor's Termination

On or around February 12, 2014, Armando Magana, service center manager ("Armando") was informed by Todd Crimi, Kettleman Service Center Security Specialist, that Mr. Taylor had been going "off-route" by using the "25th Avenue direction," a road primarily reserved for agricultural traffic. Upon learning that Mr. Taylor was using the wrong route, Armando reported the issue to HR advisors Criss Madrigal and Katyna Naylor. JUSF ¶ 32.

On February 14, 2014, Armando asked Mr. Taylor about whether he used the "25th Avenue direction" on his runs. Mr. Taylor responded that he "always takes that route when he heads south." JUSF ¶ 33. Mr. Taylor also told Armando that other drivers may be doing the same. (Defendant's Separate Statement of Disputed and Undisputed Facts ("DSS"), ¶ 8, (Doc. 27-10)); (Deposition of Armando Magana ("Armando Depo.") at 58:20-59:9, (Doc. 27-4 at 18, Ex. 7)). Plaintiff claims that once Armando told him not to use this road anymore because of the farmer complaints, he readilycomplied with Armando's request.

On February 24, 2014, HR advisor Criss Madrigal asked Armando to formally address the "off-route" issue with Mr. Taylor by issuing a written warning. Armando Depo. at 59:23-60:5. On March 5, 2014 ("the March 5th incident"), Armando re-contacted Mr. Taylor in order to issue him a written warning for going off-route. DSS ¶ 8. During that meeting, attended by Armando and Alex Magana ("Alex"), Mr. Taylor "lost his temper" and raised his voice, told Armando and Alex "this is bullshit," then left the office slamming the door. PSS ¶ 20. Following the meeting, Armando immediately initiated a workplace violence investigation and recommended that Mr. Taylor be terminated. The next evening, Armando met with Mr. Taylor again to discuss his behavior the night before. In concluding the meeting, Armando relieved Mr. Taylor of his duties pending the workplace violence investigation. DSS ¶ 11.

The investigation for the March 5th incident was assigned to Human Resources Advisor, Kathy Frohock, who is zoned to Kettleman City. JUSF ¶ 17. Pursuant to FedEx policy, as a part of the investigation of the March 5th incident, Ms. Frohock also reviewed nine other incidents of prior corrective action received by Mr. Taylor. On March 11, 2014, Ms. Frohock concluded her investigation and recommended termination to outside Human Resources manager Brian Jenkins. DSS ¶ 12. Although Katyna Naylor was in charge of Ms. Frohock's region and would traditionally be the HR Manager to review the results of Ms. Frohock's investigation, FedEx opted to give the responsibility for review to Mr. Jenkins, an HR Manager based in Pennsylvania, because Ms. Naylor was involved in Mr. Taylor's class action lawsuits. JUSF ¶ 18. Upon review of Ms. Frohock's investigation, Brian Jenkins gave the final approval for Mr. Taylor's termination. JUSF ¶ 36.

On March 21, 2014, FedEx issued Mr. Taylor a "Notice of Change in Employment Status" which stated: "Effective 3/21/14, you were discharged for Conduct. As per our discussions by phone, you refused to come in to the Kettleman City Service Center for a meeting today (3/21/14). At your request, we are sending your final paycheck to your last known address." Deposition of Roy Taylor ("Taylor Depo.") at 177:1-16, (Doc. 27-4 at 18)).

On March 28, 2014, Mr. Taylor appealed his termination through company procedures stating that he is "uncertain as to what conduct related to [his] termination" and that he "never had anopportunity to correct any such conduct." Taylor Depo. at 180:18-22. On April 16, 2014, Human Resources provided a letter to Mr. Taylor informing him that his termination was affirmed. Taylor Depo. at 181:18-182:4; See Declaration of Brian Jenkins ("Jenkins Decl."), at ¶ 26 (Doc. 27-12).

D. Mr. Taylor's Disciplinary History

FedEx employs a Corrective Action Process for Hourly Employees which states that the entire history of corrective action involving any policy will be considered when reviewing unacceptable behavior issues. Jenkins Decl. at ¶ 10. The workplace violence investigation following the March 5th incident resulted in a written Corrective Action Report ("CAR") drafted by Ms. Frohock. See Declaration of Charles Trudung Taylor ("Trudung Decl."), ¶ 20, Ex. 21 (Doc. 27-11 at 35-38). In the CAR, Ms. Frohock details ten instances of misconduct she relied on when making her recommendation that FedEx terminate Mr. Taylor:

1. On February 28, 2007, Mr. Taylor received a disciplinary action notice for displaying uncooperative and unprofessional behavior at the Whittier stop. He refused to give his tractor keys to the on duty mechanic and he engaged in hostile discussions. Jenkins Decl. ¶ 11.

2. On July 20, 2008, Mr. Taylor received a verbal warning for using inappropriate language during a discussion with another employee on June 27, 2008. Jenkins Decl. ¶ 12.

3. On November 18, 2010, Mr. Taylor received a Corrective Action Process/Coaching Session for voicing his opinion on another road driver's decision to work another shift, and intimidating the employee. Jenkins Decl. ¶ 13.

4. On January 10, 2011, Mr. Taylor received a Corrective Action Form for displaying a pattern of disruptive behavior while at work. While working, Mr. Taylor pointed his finger at another employee making the employee feel threatened and intimidated. Jenkins Decl. ¶ 14.

5. On May 11, 2011, an employee lodged a handwritten complaint about Mr. Taylor using profanity at the fuel island. Jenkins Decl. ¶ 15.

6. On May 17, 2011, a female road driver complained that Mr. Taylor was picking on her repeatedly. Jenkins Decl. ¶ 16.

7. On October 17, 2011, Mr. Taylor received a 3-day suspension for an incident occurring on September 14, 2011 where Mr. Taylor was seen raising his voice at his supervisor and calling him arrogant. Jenkins Decl. ¶ 17.

8. On June 1, 2012, Craig Flick conducted a workplace violence ("WPV") investigation after Portland Operations' Supervisor, Joan Forster, complained because Mr. Taylor: (a) screamed at Joan Forster for dispatching another driver before him; (b) used profanity during this confrontation; (c) stood between Forster and the only door out of the office causing her (Forster) to feel trapped; (d) called Forster a "stupid robot" and told her she did not know what she was doing. Mr. Taylor denied the allegations.

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