Trickey v. Kaman Indus. Techs. Corp.

• Decision Date: 05 February 2013
• Docket Number: Nos. 12–1061,12–1177.,s. 12–1061
• Citation: 705 F.3d 788
• Parties: James TRICKEY, Plaintiff–Appellee v. KAMAN INDUSTRIAL TECHNOLOGIES CORP., Defendant–Appellant. James Trickey, Plaintiff–Appellant v. Kaman Industrial Technologies Corp., Defendant–Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

705 F.3d 788

James TRICKEY, Plaintiff–Appellee

v.KAMAN INDUSTRIAL TECHNOLOGIES CORP., Defendant–Appellant.

James Trickey, Plaintiff–Appellant

v.Kaman Industrial Technologies Corp., Defendant–Appellee.

Nos. 12–1061, 12–1177.

United States Court of Appeals, Eighth Circuit.

Submitted: Sept. 19, 2012.

Filed: Feb. 5, 2013.

Russell J. Keller, argued, Kansas City, MO, Sandra J. Wunderlich, on the brief, Saint Louis, MO, for Appellant/Cross–Appellee (Kaman Industrial Technologies).

Jerome Dobson, argued, Saint Louis, MO, for Appellee/Cross–Appellant (James Trickey).

Before RILEY, Chief Judge, SMITH and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

A jury found in favor of James Trickey in his employment-discrimination suit under the Missouri Human Rights Act (MHRA), § 213.010 of the Missouri Revised Statutes, against Kaman Industrial Technologies Corporation (“Kaman”). The jury awarded Trickey $160,000 for his age-discrimination claim; $100,000 for his retaliation claim; and $500,000 in punitive damages. The district court ¹ awarded Trickey attorneys' fees at the Cape Girardeau, Missouri rate, which is less than the St. Louis, Missouri rate that Trickey requested. On appeal, Kaman argues that the district court erred in submitting the issue of punitive damages to the jury because Trickey failed to present clear and convincing evidence of outrageous conduct. It also asserts that the punitive-damages award violates the Due Process Clause of the Fourteenth Amendment. And, it maintains that the district court erred in denying its motion for new trial on Trickey's discrimination and retaliation claims because the court (1) improperly admitted hearsay testimony from Trickey's wife on a central issue in the case and (2) failed to weigh the evidence or make credibility findings in evaluating Kaman's motion for new trial. Trickey cross-appeals the district court's denial of his post-trial motion to alter or amend the judgment to include an attorneys' fees award consistent with the lodestar rates in the St. Louis area. We affirm.

I. Background²

In May 2000, Kaman hired Trickey as a branch manager of its Cape Girardeau, Missouri office. Trickey reported directly to Tom Caputo, a district manager. When Kaman hired Trickey, he was 57 years old, and Caputo was 52 years old.

As branch manager, Trickey hired Ken Higgins as an outside salesperson or “professional accounts manager” (PAM). Higgins told Trickey that his career goal was to become a branch manager at Kaman. On March 16, 2006, Higgins sent Caputo an email inquiring whether Kaman had a “[b]ranch [m]anager training program [that he] could be taking to prepare [himself] for a [b]ranch [m]anager position if one should arise.” He also inquired as to “the chances ... of a position coming available in the next couple of years.” In reply, Caputo explained that Kaman did have a “formal training program for [branch managers]” and offered to assist Higgins “on learning key aspects of Branch and Operations Management positions.” Higgins then responded that a competitor had “offered [him] about 20,000 more than” Higgins currently made at Kaman and also offered “to pay for [Higgins's] move.” Higgins indicated that he would “much rather be a [b]ranch [m]anager for Kaman.” Caputo did not respond to Higgins; instead, he forwarded Higgins's email to Mike Kelly, Kaman's vice president. Caputo's email to Kelly stated, “See latest below from Ken Higgins. I think we're going to have to do something. Ken is a ‘must retain[.’]” Caputo also proposed a new base salary for Higgins “to get [the competitor's] offer off the table.” Finally, he stated, “Have to do something here anyway, since Jim Trickey has about 4 years before retiring. And should anything happen to Jim in the meantime, we must have continuity with P & G [ (Proctor & Gamble) ]. Ken's mastery of Doc Savings could also solidify our position with P & G.”

Until 2007, Trickey's yearly performance reviews indicated that he met or exceeded expectations each year. In 2005, Trickey received a leadership award. In 2006, Kaman asked Trickey to manage the Jonesboro, Arkansas branch, in addition to the Cape Girardeau branch. Under Trickey's leadership, the Cape Girardeau branch improved its performance and performed well through 2007 and into 2008.

In the summer of 2007, Trickey was playing golf with Caputo when Caputo informed Trickey that “the average age of management in Kaman is 59–years old and we got to get some new blood.” Trickey was 64 years old at the time. In the fall of 2007 when Caputo was at the Cape Girardeau branch, Trickey again heard Caputo say “that the average age of management in Kaman was 59 and we need[ ] to get some new blood in here.” In September or October 2007, Caputo invited Trickey to dinner. At the dinner, Caputo told Trickey “that the branch personnel were not supporting [Trickey]; that there was a lot of ... animosity in the branch and that it was ... becoming an impossible situation.” Trickey replied that “if [Caputo would] get out of [Trickey's] branch and let [Trickey] run it, [Trickey] could run it better than [Caputo] could.” Caputo did not agree that he was the problem; instead, Caputo asserted that “the problem was that [Trickey] ... had emotional problems.” Caputo suggested that Trickey seek professional help for depression.³ Trickey, however, believed that he “was doing just fine” and that he was “getting great results for the branch.” Caputo never indicated to Trickey that Trickey's position as branch manager was in jeopardy.

In September 2007, Caputo sent a letter to Laura Reeves, a district human resources representative for Kaman, setting forth his concerns with Trickey's performance as branch manager. In the letter, Caputo never mentioned that “the performance of the Cape Girardeau branch in 2007 under Jim Trickey's leadership was excellent.” Caputo did not share the contents of the letter with Trickey, nor did Caputo give Trickey an opportunity to respond.

On December 5, 2007, Caputo completed a “Performance Appraisal” (PA) for Trickey. Caputo gave Trickey an “overall rating” of “Needs Improvement” and designed and implemented a “Performance Improvement Plan” (PIP) for Trickey. Although Caputo gave an “overall rating” of “Exceeding Expectations” to Trickey's branch team, he nonetheless rated Trickey's “skills and abilities” as “Needs Improvement” or “Meets Expectations.” On Trickey's PA, Caputo commented, inter alia, that Trickey failed to “understand the factors that contribute to key business metrics such as ROCA [Return on Controllable Assets] and PPI.” Caputo's comment that Trickey did not understand these factors surprised Trickey, “considering the fact that [his] branch had been ranked number five out of 166 branches in ROCA.” In past years, Trickey's skills and abilities had met or exceeded expectations.

Trickey's PIP required him to, among other things, (1) hold a meeting with the branch team by December 10, 2007, “to make a renewed personal commitment to restore their confidence”; (2) “hold a weekly progress review meeting with the branch team using a pre-communicated agenda”; (3) “[i]nvolve the branch team in the development of the 2008 Branch Business Plan” and “submit [that plan] by January 4[, 2008]”; (4) “submit [his] personal weekly plan [and] call report to [Caputo] by the end of business each Friday”; (5) “[s]ubmit thorough [and] timely Monthly Activity Reports”; (6) attend training on computer and management skills by the end of the first quarter of 2008; and (7) “[d]evote [a] minimum [of] 3 days per week conducting sales calls on [his] personal TMP accounts,” “[s]pend[ing] no more than 1 day per week in the office.” Trickey signed the PIP, “agree[ing] to meet the above expectations.” He acknowledged “that if [he] d[id] not meet these expectations over the next 90 days further disciplinary action may result[,] up to and including termination.”

On January 2, 2008, Trickey mailed a written rebuttal to his 2007 PA to dispute Caputo's evaluation. He sent the rebuttal to Reeves; Bob Goff, Kaman's vice presidentof human resources; and Jack Cahill, Kaman's president. The rebuttal addressed Caputo's criticism that, inter alia, Trickey spent too much time in the office instead of generating new business. Trickey explained that because the branch was short-handed, he often worked in the office to support inside sales. He requested authority to hire more employees. Trickey never received a response to his rebuttal letter.

As required, Trickey met with his branch team by December 10, 2007, to discuss improving branch communication and the branch members' role in developing the 2008 business plan. Despite a “significant shortage of personnel in the branch to fill existing orders,” Caputo made no staff adjustment to fill orders in Trickey's absence to enable Trickey to meet Caputo's directive for Trickey to “[s]pend no more than 1 day per week in the office.” To comply with computer-and management-training requirements, Trickey contacted Reeves and inquired where he could take the classes. But Reeves “didn't know what [Trickey] was talking about.” Reeves provided no assistance to Trickey.

Trickey concluded that Kaman was planning to replace him as branch manager, as Trickey had turned 65 a few months prior. On January 18, 2008, Trickey spoke with Goff. During that conversation, Trickey told Goff that Caputo had “lost ... confidence in [Trickey].” Trickey expressed his belief that Caputo was “looking and digging for everything he can find that I do wrong.” Trickey felt that there was “a lot of betrayal and backstabbing going on.” He expressed his belief that Caputo was “getting ready to fire [him]” and that Caputo had “cut some deals with some of the other guys in the office to take over when [Trickey was] gone.” Trickey asked Goff whether there was “anything we can do just to end it somehow”; that is, whether Trickey could “go ahead and retire.” In response, Goff asked Trickey...