Cannella v. Nationwide Carriers, Inc.

• Decision Date: 29 April 1988
• Docket Number: No. 86 C 10294.,86 C 10294.
• Citation: 687 F. Supp. 362
• Parties: George S. CANNELLA, Jr., Plaintiff, v. NATIONWIDE CARRIERS, INC., Defendant.
• Court: U.S. District Court — Northern District of Illinois

687 F. Supp. 362

George S. CANNELLA, Jr., Plaintiff, v. NATIONWIDE CARRIERS, INC., Defendant.

No. 86 C 10294.

United States District Court, N.D. Illinois, E.D.

April 29, 1988.

James E. Beckley, Christopher J. Barber, Marsha A. Tolchin, Leo G. Aubel, James E. Beckley & Assoc., Chicago, Ill., for plaintiff.

Arthur L. Klein, Susan Margaret Vance, Arnstein, Gluck, Lehr & Milligan, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

Plaintiff George Cannella brought suit in the Circuit Court of Cook County against his former employer, Defendant Nationwide Carriers, Inc. Defendant removed the action to this court. We have jurisdiction based on diversity of citizenship. Plaintiff's complaint originally contained three counts. Only Count I now remains, for we granted Plaintiff's motion to voluntarily dismiss Counts II and III on November 30, 1987. Defendant now moves for summary judgment on Count I, which alleges that Plaintiff was discharged by Defendant in retaliation for his stated intent to file a claim under the Illinois Worker's Compensation Act. For the reason set forth below, the motion is granted.

Facts

The broad outlines of Cannella's employment history are as follows. He was hired by Nationwide, a trucking company, in 1980. Approximately one year later, he was named manager of Nationwide's Chicago terminal. As manager, he was in charge of coordinating the operations of the Chicago terminal with Nationwide's operations in other parts of the country. He provided dispatch information to Nationwide's central dispatch office in Maple Plains, Minnesota, and was responsible for scheduling drivers, making load and truck assignments, and accounting for trucks in the Chicago area. Cannella's immediate superior was Duane Johnson, Nationwide's vice president of operations, who was stationed in Maple Plains. Cannella was terminated on June 30, 1985.

Cannella testified to the following regarding his employment at Nationwide and his ultimate termination. During Cannella's first year at Nationwide, he helped teach Johnson, who had little knowledge of trucking industry basics, about the business. (Cannella Depo. at 35-38) Cannella worked anywhere from 10 to 20 hours per day for Nationwide. (Id. at 40) Prior to an injury incurred in March 1985, he never missed a day of work. (Id. at 109) Under Cannella's stewardship, the load volume at the Chicago terminal grew from 3 to 125 loads per week, and the terminal had the best profit and loss record in Nationwide's system. (Id. at 40, 85) Cannella received several raises during his employment, including a $4000 raise in November 1984. (Id. at 109, 99-100)

Cannella felt his working relationship with others in the company was good, and he did not recall anyone from Nationwide complaining about his attitude, conduct, or performance. (Id. at 215-17; 98, 111, 209) Cannella stated that aside from a dispute over mileage payments for the use of his car, he had no real problems with Johnson. (Id. at 51-3)

On March 31, 1985 Cannella injured his back at work while attempting to lift a heavy box. As a result, he missed one week of work. He initially received only a disability payment for that week, which was less than his salary. He then reminded the company that he was part of management and therefore entitled to full salary for six months. Nationwide then paid him the difference between the disability payment and his salary. (Id. at 127-30) After that week, Cannella returned to work full time, though he had to leave work to see a doctor two to three times per week. (Id. at 210) After Cannella's injury, Johnson or Robert Walker, another Nationwide executive, would call Chicago and ask the other Chicago employees how Cannella walked and looked, and what time he left each day. (Id. at 72-73, 212-13) Cannella called Johnson to find out the reason for these inquiries, but received no explanation. (Id. at 213)

Approximately one week before Cannella's termination, he spoke with Charlie Piatt, vice president of sales. (Id. at 78-9). He told Piatt that the company had not treated him fairly in regard to his request for a car allowance, and that it had lied to him. (Id. at 91-2) He also told Piatt that he was going to "get even" with Johnson for denying him a car allowance and for not making him regional sales manager, and planned to file a Worker's Compensation claim. (Id.; id. at 198-99).¹

Cannella does not know who, if anyone, Piatt told about their conversation. (Id. at 131) Cannella did not tell anyone else at Nationwide about his intent to file a worker's compensation claim until after he had actually filed, which was subsequent to his discharge. (Id. at 129, 167) Cannella is not sure who made the decision to terminate him; he thinks it was Johnson as Johnson was his boss. (Id. at 143-44) Cannella believes that telling Piatt about his plans to file the worker's compensation claim led to his termination because, in his words, "What other reason could they use? My performance — I had the best terminal and the bottom line in industry is money."² (Id. at 131-32)

On June 25, 1985, approximately a week after his conversation with Piatt, Cannella was discharged. He was given the news by Robert Walker, who told Cannella that "I had nothing to do with it." When Cannella asked Walker why he had been fired, Walker said he did not know why. (Id. at 58-60) About a month after his discharge Cannella talked to Tom Reynolds, who at one time had been in charge of operations. Reynolds also told Cannella that he did not know the reason for the discharge. (Id. at 67)

Discussion

In order to prevail on its summary judgment motion, the moving party must demonstrate that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. F.R.Civ.P. 56(c). Our function at this stage is not to weigh the evidence and determine the truth of the matter, but to determine whether there is a genuine issue for trial — i.e., whether there is sufficient evidence favoring the nonmoving party for a jury to find in favor of that party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). Summary judgment is appropriately granted against a party who "fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial," regardless of whether the moving party supports its motion with evidence which actually negates its opponent's claim. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986).

Traditionally, an at-will employee could be fired for any reason or for no reason at all. Illinois, like many states, has modified that rule.³ In Kelsay v. Motorola, Inc., 74 Ill.2d 172, 23 Ill.Dec. 559, 384 N.E.2d 353 (1978), the Illinois Supreme Court held that employees may not be discharged in retaliation for asserting their rights under the Illinois Worker's Compensation Act. It subsequently expanded the tort of retaliatory discharge to cover all discharges made for reasons which contravene public policy. Palmateer v. International Harvester Co., 85 Ill.2d 124, 52 Ill.Dec. 13, 421 N.E.2d 876 (1981).

Plaintiff claims that he was discharged in retaliation for his stated intent to file a worker's compensation claim. The following are the elements of such a cause of action:

(1) Plaintiff was an employee of defendant prior to his injury;

(2) Plaintiff exercised or threatened to exercise a right granted by the Worker's Compensation Act;

(3) His termination was causally related to the filing of a claim or statement of intent to file a claim under the Act.

Slover v. Brown, 140 Ill.App.3d 618, 620-21, 94 Ill.Dec. 856, 488 N.E.2d 1103 (5th Dist.1986); Horton v. Miller Chemical Co., 776 F.2d 1351, 1356 (7th Cir.1985), cert. denied, 475 U.S. 1122, 106 S.Ct. 1641, 90 L.Ed.2d 186 (1986). Defendant asserts that Plaintiff has made an insufficient showing on the element of causation — i.e., Defendant's motive or intent — to create a genuine issue for trial. The issue before us, then, is whether Plaintiff has presented sufficient evidence from which a reasonable jury could infer that the reason for Cannella's termination was his statement of intent to file a worker's compensation claim. Anderson, 477 U.S. at 249, 106 S.Ct. at 2510.

At the outset, we note that though summary judgment regarding issues of motive or intent is frequently inappropriate, it is properly granted where a plaintiff sets forth no facts which support its position. Powers v. Dole, 782 F.2d 689, 694 (7th Cir.1986) Even where motive is concerned, "an adverse party responding to a summary judgment motion must set forth specific facts showing there is a genuine issue for trial." Id. (citing F.R.Civ.P. 56(e)). Since an at-will employee can be fired for no reason at all, an employer need not show a legitimate reason for discharging an employee unless the employee has put forth sufficient evidence from which a reasonable jury could infer that the discharge was motivated by the exercise of the employee's Worker's Compensation Act rights. Mercil v. Federal Express Corp., 664 F.Supp. 315, 316 (N.D.Ill.1987) (J. Aspen). Thus, we need not consider Defendant's evidence as to why it discharged Cannella unless we find sufficient evidence from which a jury could infer a retaliatory motive.

We believe that no jury could reasonably find that Cannella was terminated because of his stated intent to file a worker's compensation claim. Cannella admitted that he does not know whether Piatt told anyone that Cannella planned to file a claim. (Cannella Depo. at 131) Duane Johnson stated that he was responsible for the decision to fire Cannella, and that neither Piatt nor anyone else told him that Cannella planned to file a claim. (Johnson Aff., Para. 15-16) Piatt stated that he played no role in the decision to terminate Cannella. (Piatt Aff.,...