Campbell v. Alliance Nat. Inc.
| Decision Date | 06 July 2000 |
| Docket Number | No. 99CIV.318(SAS).,99CIV.318(SAS). |
| Citation | 107 F.Supp.2d 234 |
| Parties | Ingrid CAMPBELL, Plaintiff, v. ALLIANCE NATIONAL INCORPORATED, d/b/a Alliance Business Centers, Daria Semkow and Laura Kozelouzek, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Sheldon Eisenberger, Law Office of Sheldon Eisenberger, New York, NY, for Plaintiff.
Christopher J. Collins, Proskauer Rose LLP, New York, NY, for Defendants.
Plaintiff Ingrid Campbell brings this action under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., alleging claims of racial discrimination for failure to promote and wrongful termination.1 Defendants Alliance National Incorporated ("Alliance"), Daria Semkow and Laura Kozelouzek move for summary judgment dismissing the complaint under Rule 56(c) of the Federal Rules of Civil Procedure. For the following reasons, defendants' motion is granted and the case is dismissed.
Alliance provides short term and long term office space and business support services (such as receptionists, secretarial support, and word processing) to business clients through the operation of its "business centers" located throughout the United States. Defendants' Statement Pursuant to Local Rule 56.1 ("Def. R. 56.1 Stmt") ¶ 1. Alliance operates several such business centers in New York City including a center located at 26 Broadway. Id. ¶ 2.
During 1997, Daria Semkow was Alliance's Area General Manager responsible for all of Alliance's New York City centers. Id. ¶ 3. Semkow reported to Laura Kozelouzek, then Senior Vice President for the Northeast Region. Id. Semkow and Kozelouzek maintained their offices in New York City. Id. ¶ 4. Lisa Roeck was the Area Operations Manager during this period and, as such, was responsible for training and assisting other Operations Managers.
Campbell began full-time employment with Alliance in September 1990 as a telephone operator at Alliance's 599 Lexington Center. See Deposition of Ingrid Campbell ("Campbell Dep."), Ex. 1 to the Affirmation of Christopher Collins, defendants' attorney ("Collins Aff."), at 27-28. In 1995, she was promoted to Communications Supervisor. Id. at 35. In January of 1996, Campbell voluntarily resigned her position with Alliance and left to work for a competitor. Id. at 60-61. Campbell acknowledged that prior to her resignation, she was never discriminated against because of her race. Id. at 65-66.
Campbell became dissatisfied with her new position, id. at 75, so she called Kozelouzek and inquired whether there were any job opportunities. Id. at 78-79. Kozelouzek advised Campbell that they should stay in touch. Id. at 79; see also Deposition of Laura Kozelouzek ("Kozelouzek Dep."), Ex. 3 to the Collins Aff., at 122-23.
Shortly thereafter, Kozelouzek contacted Campbell about an Operations Manager position which became available at 26 Broadway. Campbell Dep. at 80-81; Kozelouzek Dep. at 124. After interviewing Campbell, Kozelouzek discussed the possibility of hiring her with Semkow and Roeck. Kozelouzek Dep. at 125; see also Deposition of Daria Semkow ("Semkow Dep."), Ex. 2 to the Collins Aff., at 343-44. Although Roeck had some reservations about hiring Campbell, Semkow Dep. at 349, Semkow and Kozelouzek hired Campbell as Operations Manager at the 26 Broadway Center. Id. at 343. Campbell's employment as an Operations Manager began on February 3, 1997. See Plaintiff's Hiring Letter, dated January 15, 1997, Ex. 3 to the Campbell Dep., Ex. 8 to the Collins Aff. That letter stated that plaintiff was to be paid $33,000 per year with a performance incentive program (bonus) of up to $3,600 per year. Id. That letter also stated that Campbell's supervisor of record would be Laura Kozelouzek but that in the future it could be the Area General Manager (Daria Semkow). Id.
As Operations Manager, Campbell had overall responsibility for the operations of 26 Broadway including the oversight of all facilities management such as center readiness, renovations, and client and vendor relations. See Operations Manager Job Description, Ex. 5 to the Campbell Dep., Ex. 8 to the Collins Aff. Campbell was also responsible for all financial management aspects of the center including billing, processing daily bank deposits, and data collection from Alliance's client telephone usage system (Microcall). Id.
Early on, Campbell had difficulties fulfilling her job duties. On May 20, 1997, just over three months after she began as Operations Manager, Campbell received her first 30-day probation for "unsatisfactory judgment and performance." See May 20, 1997 Letter to Campbell from Semkow and Roeck, Ex. 11 to the Campbell Dep., Ex. 8 to the Collins Aff. That probation memorandum identified five areas of unacceptable job performance: (1) lost revenue due to Campbell's failure to check the Microcall telephone billing system for accuracy; (2) a lack of urgency when Alliance's "C-Plus" system (a telephone tracking system) was not working; (3) excessive tardiness; (4) failing to account for a cash payment of $1,700 given to a sales coordinator from a client as payment for office space; and (5) lack of sufficient knowledge and performance in the position of Operations Manager. Id.
Campbell responded in writing to this probation memorandum and disputed several items including problems with C-Plus, excessive tardiness, and the missing $1,700. See Letter from Campbell to Semkow, dated May 20, 1997, Ex. 12 to the Campbell Dep., Ex. 8 to the Collins Aff. In that letter, Campbell took full responsibility for her "lack of judgment and thoroughness in maintaining and supervising the data of Microcall." Id. Campbell then provided a litany of problems she encountered at 26 Broadway including personnel changes, security issues, and billing. Id. Finally, Campbell conceded that "all of the above mentioned is just cause for my below average performance as the Operations Manager." Id.
Campbell's performance problems persisted and on June 20, 1997, her probation was extended for another thirty days. See Letter from Semkow to Campbell, dated June 20, 1997, Ex. 13 to the Campbell Dep., Ex. 8 to the Collins Aff. The following four areas of inadequate performance were stated in that memorandum: (1) overall job knowledge and performance was below expectations; (2) failing to conduct regular client satisfaction interviews; (3) inadequate staff development (including high turnover and low morale); and (4) lack of communication with staff and clients. Id.
On July 28, 1997, Campbell's probation was again extended. See Letter from Semkow and Roeck to Campbell, dated July 28, 1997, Ex. 15 to the Campbell Dep., Ex. 8 to the Collins Aff. This probation memorandum listed 23 areas in which Campbell's performance needed improvement. These areas included: "Billing & Reports," "Staff Stabilization & Training," "Telecommunications," "Client Relations & Follow Up Procedures," and "Time Management." Id. The memorandum also stated that failure to meet consistent, acceptable performance within the next thirty days would result in termination. Id.
Campbell's performance problems nevertheless continued and she was again placed on a 30-day probation on October 8, 1997. See Letter from Semkow and Kozelouzek to Campbell, dated October 8, 1997, Ex. 17 to the Campbell Dep., Ex. 8 to the Collins Aff. The following four areas of inadequate performance were identified: (1) poor judgment in the hiring of a new word processor; (2) lack of responsiveness in handling an important request from Alliance's Chief Financial Officer; (3) excessive costs with use of the company car service; and (4) lack of judgment in making decisions (failure to recognize when supervisor approval was necessary). Id. The letter concluded that failure to improve could result in extension of the probationary period or termination of employment. Id.
Based on Campbell's persistent performance deficiencies, Semkow decided to terminate her employment in November of 1997, approximately nine months after she was hired.2 Semkow Dep. at 724. Semkow's decision was made after she discussed Campbell's ongoing problems with Kozelouzek and Linda Harris, Alliance's Senior Vice President of Human Resources. Id. On November 10, 1997, Semkow and Kozelouzek met with Campbell and advised her that her employment was being terminated. Campbell Dep. at 165. Campbell was given a written Release which provided for severance of one month's salary plus earned but unused vacation time upon its execution. See Severance and Release Agreement, Ex. 8 to the Collins Aff. Campbell executed the Release on November 29, 1997 and Alliance sent her the severance payment. Campbell Dep. at 176-77. Campbell commenced this action in January of 1999.
Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c); accord Anderson v. Liberty Lobby Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The burden of showing that no genuine factual dispute exists rests on the moving party. See Schwapp v. Town of Avon, 118 F.3d 106, 110 (2d Cir.1997) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). In assessing the record to determine whether a genuine issue of material fact exists, courts must resolve all ambiguities and draw all reasonable inferences in favor of the non-moving party. See Nora Beverages, Inc. v. Perrier Group of Am., Inc., 164 F.3d 736, 742 (2d Cir.1998).
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