Badgett v. Federal Express Corp., No. 1:04 CV 220.

• Decision Date: 07 April 2005
• Docket Number: No. 1:04 CV 220.
• Citation: 378 F.Supp.2d 613
• Court: U.S. District Court — Middle District of North Carolina
• Parties: Cheryl BADGETT, Plaintiff, v. FEDERAL EXPRESS CORPORATION, Defendant.

378 F.Supp.2d 613

Cheryl BADGETT, Plaintiff, v. FEDERAL EXPRESS CORPORATION, Defendant.

No. 1:04 CV 220.

United States District Court, M.D. North Carolina.

April 7, 2005.

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James Edward Hairston, Jr., Law Offices of Florence Bowens, Durham, NC, for Plaintiff.

Edward J. Efkeman, Karen V. McManus, Federal Express Corp., Memphis, TN, Jill Stricklin Cox, John J. Doyle, Jr., Constangy, Brooks & Smith, LLC, Winston-Salem, NC, for Defendant.

MEMORANDUM OPINION and ORDER

OSTEEN, District Judge.

Plaintiff Cheryl Badgett, a resident of North Carolina, brings this federal question and diversity action against her former employer, Defendant Federal Express Corporation ("FedEx"), a Delaware corporation with its principal place of business in Tennessee. Plaintiff asserts retaliation based on race and sex in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e, et seq., as amended; retaliation based on race in violation of Section 1981 of the Civil Rights Act of 1866 (" § 1981"), 42 U.S.C. § 1981; retaliation for and interference with the exercise of her rights under the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. §§ 2601 et seq.; intentional infliction of emotional distress; and negligent infliction of emotional distress. This matter is now before the court on Defendant's Motion for Summary Judgment.

For the reasons set forth herein, Defendant's Motion for Summary Judgment will be GRANTED in part and DENIED in part.

I. BACKGROUND

The following facts are presented in the light most favorable to Plaintiff.¹

Plaintiff Cheryl Badgett, a black female, applied for employment with Defendant FedEx on July 21, 1992, in New York. In conjunction with her application, Plaintiff was presented an Employment Agreement ("Agreement") that contains 15 numbered paragraphs. Below the title, the Agreement instructs in bold and capitalized letters, "IMPORTANT — PLEASE READ AND SIGN BELOW." (App. Supp. Def.'s Mot. Summ. J. Ex. 6.) Paragraph 15, located directly above the signature line, provides in part:

To the extent the law allows an employee to bring legal action against Federal Express, I agree to bring that complaint within the time prescribed by law or 6 months from the date of the event forming the basis of my lawsuit, whichever expires first.

(Id.) Plaintiff read and signed the Agreement, acknowledging that she "thoroughly underst[ood] its content." (Id.; Badgett Dep. July 16, 2002, at 18-19.) Plaintiff was subsequently hired by FedEx in or around October 1992, and continued to work with FedEx in New York until she transferred to the Greensboro, North Carolina, FedEx station in August 1994. Plaintiff worked for FedEx as a senior customer service representative and later as a courier.

In October 2000, Plaintiff brought suit in this court against FedEx and several individual managers, alleging claims under Title VII and various state law causes of action ("Badgett I").² On March 8, 2002, Magistrate Judge Sharp recommended that FedEx be granted summary judgment on all of Plaintiff's claims, except for racially hostile work environment under Title VII. See Badgett v. Federal Express Corp., No. 1:00-CV-1053 (M.D.N.C. March 8, 2002) (recommendations and order granting partial summary judgment). Trial was set for April 15, 2002.

By the middle of March 2002, stress from her job and the upcoming trial in Badgett I began to tax Plaintiff. Plaintiff was "run down," not sleeping more than an hour at night, and mentally and physically tired. (Badgett Dep. Sept. 27, 2004, at 74 ("Badgett Dep.").) In this condition, Plaintiff considered herself "dangerous" while driving a truck for FedEx because her exhaustion resulted in her "careening in and out off the road and ... just kind of wanting to doze." (Id. at 89.) Plaintiff told Gregg Taylor, the personnel manager, about her condition and Taylor suggested that Plaintiff "put something in writing" about unpaid personal leave. (Id. at 96.)

On Wednesday, March 20, 2002, Plaintiff gave Barry Scales, Plaintiff's boss and local operations manager, a letter requesting an unpaid personal leave of absence beginning that day and continuing up to April 22. Plaintiff did not phrase her request in terms of a medical problem, but wrote:

As I'm sure you're aware of, I have an upcoming court date that's approximately three weeks away. Because of the intense nature of this legal proceeding, with the company, it would be in the best interest of both myself, as well as FedEx, to grant this leave.

. . . . .

This requested time will allow me to gather myself, focus on the immediate future and ultimately return, after this time off, to the quality and level of performance that my records clearly indicate.

(Pl.'s Mem. Law Opp'n Def.'s Mot. Summ. J. Ex. 6.) Scales referred the matter to Stan Tolliver, FedEx's compliance officer. (Scales Dep. at 36.)

By Monday, March 25, Plaintiff "still hadn't gotten any sleep." (Badgett Dep. at 94.) Plaintiff called Scales before her shift started and informed him about her sleeping problems and that she was using a sick day. (Id.) That same day, FedEx denied Plaintiff's request for unpaid personal leave. By letter, Michael Saladino, the district managing director, informed Plaintiff:

I received your correspondence requesting a Personal Leave to prepare for you[r] upcoming court case. I must deny the leave based on those reasons. I will direct your manager to allow you time off for any court appearances that are necessary. Please submit a list of court dates for your manager's review. The station cannot absorb the number of hours that it would take to cover your shift for an entire month. The Personal Leave Policy permits discretion in the granting of leaves if there is no negative impact on the business. Unfortunately in this case additional overtime would result which the station cannot afford.

I have attached a copy of the Personal Leave Policy, P 1-55 for your reference along with a copy of your request.

(Pl.'s Mem. Law Opp'n Def.'s Mot. Summ. J. Ex. 7.) Plaintiff called in sick each day for the remainder of the week of March 25.

On Monday, April 1, 2002, Plaintiff again called in sick to Scales. (Badgett Dep. at 100.) This time, because Plaintiff had exhausted the five days of paid sick leave available to her, Plaintiff told Scales that she wanted to take "family leave." (Id. at 101.) Scales was not familiar with the leave policy and referred her to Tolliver. (Id. at 102.) Plaintiff tried calling Tolliver on April 1, but she could not reach him and left messages on Tolliver's voice mail and with his receptionist. (Id. at 100.) Because Plaintiff could not reach Tolliver, she again called Scales and asked him for the FMLA certification form because she "needed [her] doctor to draft [a] letter so that it reflected the information on the certification." (Id. at 102, 109.) The only form Scales could provide Plaintiff was a sample FMLA certification form contained in FedEx's policy manual. (Id. at 110.) Scales faxed the two-page document to Plaintiff that day. (Scales Dep. at 58.) Tolliver never returned Plaintiff's call of April 1. (Badgett Dep. at 101.)

Sometime between March 20 and April 2, 2002, Plaintiff called James Wells Jr., M.D., and told him about her sleeping problems. Dr. Wells had seen Plaintiff in August 2000. (Id. at 92-97.) Dr. Wells' notes reflect Plaintiff was "[n]ot sleeping, not handling this well," wanted a medication prescription called in to "Village Pharmacy," and "wanted to see [him] for an appointment." (Wells Dep. at 21-22.) Dr. Wells prescribed Plaintiff Ambien, a sleeping aid, "because of the circumstances associated with the situation at work and the impending trial." (Id. at 33-34.) Dr. Wells scheduled an appointment with Plaintiff for April 12, 2002.

During her absence on "family leave," Plaintiff kept in regular contact with FedEx. Each day the week of April 1, 2002, Plaintiff called Scales, who continued to refer her to Tolliver. (Badgett Dep. at 101.) Plaintiff would then try to call Tolliver, without avail. (Id.) There is no evidence that Tolliver ever returned Plaintiff's calls.

On April 12, 2002, Plaintiff had her appointment with Dr. Wells. Dr. Wells remembers Plaintiff was "very anxious, under a lot of stress, and essentially was in a position of, [he] thought, such stress that work was not an option right then." (Wells Dep. at 13.) He thought "anticipation of the trial definitely made her situation — her emotional state more labile.... [and] she was a lot more depressed and anxious than she had been prior to that time." (Id. at 33.) Dr. Wells wrote three prescriptions for Plaintiff on April 12 to help her cope with her stress, anxiety, and sleeplessness, one of which was Celexa, an anti-depressant. (Id. at 23, 25.) Dr. Wells also wrote and signed a letter that day addressed "To Whom It May Concern," stating in its entirety: "Ms. Cheryl Badgett is currently unable to work due to a medical condition." (Pl.'s Mem. Law Opp'n Def.'s Mot. Summ. J. Ex. 10.) Dr. Wells gave the letter to Plaintiff.

That same day, Plaintiff faxed the letter to Scales and Tolliver from her home. (Badgett Dep. at 119.) Plaintiff's copy of the letter reflects it was received by or transmitted from Plaintiff's fax machine, but FedEx denies it was received at that time. Scales does not deny he received the April 12, 2002, letter, but does not recall whether he received it on April 12. (Scales Dep. at 68.) William Topley, Scales' manager, does not recall ever seeing or discussing the letter. (Topley Dep. at 41.)

Plaintiff did not return to work prior to the beginning of trial in Badgett I. Jury selection began and was completed on Thursday, April 11, 2002. The trial began Monday, April 15, and at the close of Plaintiff's case on April 16, the court entered a verdict in favor of FedEx. See Badgett v. Federal Express Corp., No. 1:00-CV-1053 (M.D.N.C. April...