Deister v. AAA Auto Club of Mich.

• Decision Date: 05 March 2015
• Docket Number: Case No. 13–cv–13993.
• Citation: 31 A.D. Cases 897,91 F.Supp.3d 905
• Parties: Todd DEISTER, Plaintiff, v. AAA AUTO CLUB OF MICHIGAN, Defendant.
• Court: U.S. District Court — Eastern District of Michigan

91 F.Supp.3d 905

31 A.D. Cases 897

Todd DEISTER, Plaintiff

v.AAA AUTO CLUB OF MICHIGAN, Defendant.

Case No. 13–cv–13993.

United States District Court, E.D. Michigan, Southern Division.

Signed March 5, 2015.

Paul A. Wright, Oakland, MI, for Plaintiff.

Sonja L. Lengnick, Thomas G. Kienbaum, Kienbaum, Opperwall, Birmingham, MI, for Defendant.

OPINION AND ORDER GRANTING DEFENDANT'S MOTION SUMMARY JUDGMENT [18] AND DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT [22]

LAURIE J. MICHELSON, District Judge.

After a tornado caused property damage in Louisville, Kentucky, in March 2012, Defendant AAA Auto Club of Michigan (“Auto Club”) dispatched its Claim Specialist, Plaintiff Todd Deister, to the area to assist in adjusting losses and distributing funds to Auto Club's insureds. While on this assignment, Deister's computer went down. Deister had been struggling to learn the Auto Club's computer system and the job stress caused him to have a panic attack. Upon his return to Michigan, Deister was diagnosed with acute stress reaction and took a short-term disability leave of absence from work. He was cleared to return to work without restrictions on August 1, 2012. Deister claims that in the week leading up to his return date, he sought a reasonable accommodation for his disability but the Auto Club refused to engage in the legally-mandated interactive process to address the request. When Plaintiff failed to return to work on August 1, 2012, he was terminated effective August 7, 2012. Deister then brought this lawsuit alleging that he was unlawfully terminated and retaliated against because of his disability. Following extensive discovery, both parties moved for summary judgment.

For the reasons that follow, the Auto Club's Motion for Summary Judgment (Dkt. 18) is GRANTED and Deister's Motion for Partial Summary Judgment (Dkt. 22) is DENIED.

I. FACTS

The following facts are undisputed for purposes of summary judgment unless otherwise indicated.¹

Deister began working for Auto Club as a claims adjuster on September 12, 2011. (Pl.'s Mot. Ex. 6 at Pg ID 472; Pl.'s Mot. Summ. J. Ex. 1, Deister Decl. ¶ 1; Def.'s Counter–Statement of Material Facts ¶ 1.) Before Auto Club hired him, Deister had worked as a property claims adjuster for more than twenty-five years. (Deister Decl. ¶ 2; Def.'s Counter–Statement ¶ 1.)

Deister worked from home when not dispatched to a property claim location. (Def.'s Mot. Ex. A, Deister Dep. at 15.) His direct supervisor at Auto Club was Christopher Ruby. (Pl.'s Mot. Ex. 5 at Pg ID 448; Deister Decl. ¶ 4; Deister Dep. at 20–21.) In a performance review for Deister on January 10, 2012, Ruby wrote:

Although Todd has only been with ACG a short time management has seen he has been a positive contributor to the unit and merits a fully met. Management will work with him to improve any issues he is having regarding computer use, working with estimating system and ACG policy and claims handling standards to make him as comfortable as possible with his new position.

(Pl.'s Mot. Ex. 5 at Pg ID 463.) “Fully met expectations” was the middle position in a five-point scale for the performance review, ranging from “Did not meet expectations” to “Exceeded expectations.” (Id. )

On March 4, 2012, Ruby instructed Deister to travel to Kentucky to adjust property claims for tornado damage. (Deister Decl. ¶ 13; Deister Dep. at 31.) While in Kentucky, on March 8, 2012, Deister began experiencing shakiness and poor concentration. (Deister Decl. ¶¶ 21–22; Def.'s Counter–Statement ¶ 5.) After his computer went down, he developed panic attacks and memory loss. (Deister Decl. ¶¶ 23–24; Def.'s Counter–Statement ¶ 6.) At 5:56 PM, Deister emailed Ruby:

I am leaving for home tonight due to panic / stress attacks and to meet with my doctor tomorrow. I will leave my files with Aht. Please advise if you need anything else before I leave.

(Pl.'s Mot. Ex. 2.) At 7:02 PM, Ruby replied:

Todd, Sorry to hear that. Rob is going to come by to get the files. What about the losses you inspected did you write the estimates? Please checkout of the hotel you will not deploy back if able. Please let me know how you are. I ho[pe] everything is ok. Drive safe.

(Id. )

Deister saw his primary care doctor, Mary Baldwin, M.D., the next day. (Deister Decl. ¶ 27; Pl.'s Mot. Ex. 3; Def.'s Counter–Statement ¶¶ 12–13.) Based on that examination, Dr. Baldwin signed, on March 8, 2012, a “Statement of Disability” form provided by the Auto Club's disability benefits administrator, The Hartford Life and Accident Insurance Company. (Pl.'s Mot. Ex. 3; Def.'s Counter–Statement ¶¶ 11–12.) In the space provided for a diagnosis, Dr. Baldwin wrote “acute stress reaction [:] supervisor belittles him, gives conflicting orders and wrong information.” (Pl.'s Mot. Ex. 3 at Pg ID 438.) Dr. Baldwin indicated that Deister's ability to function was 50 percent or more limited in certain categories of activity, including performing a variety of duties, dealing with people, and making judgments and decisions. (Id. at Pg ID 439.) She indicated that his symptoms first became severe enough to preclude social or occupational functioning on March 8, 2012, and that his psychiatric limitations were expected to last one month. (Id. )

Deister took a medical leave from work beginning March 9, 2012. (Deister Dep. Ex. 5 at Pg ID 159.) On March 12, 2012, he faxed Auto Club Human Resources (“HR”) employee Rosita Brockington a “Disability Certificate” signed by Dr. Baldwin, which indicated that Deister was unable to work beginning March 3, 2012, he could return to work on April 9, 2012, his diagnosis was “acute stress reaction,” and his prognosis was “good.” (Pl.'s Resp. Ex. 6 at Pg ID 747–48.)

In a letter dated March 23, 2012, the Auto Club acknowledged Deister's claim for disability leave and explained some of the Auto Club's policies and procedures for disability leave and disability benefits. (Deister Dep. Ex. 5 at Pg ID 159.) Deister received the letter on or about March 23. (Deister Dep. at 59.) The letter stated, “You may be replaced after 90 days of absence in a rolling 12 month period (unless otherwise protected by Family and Medical Leave).” (Deister Dep. Ex. 5 at Pg ID 159.) A “Frequently Asked Questions” document enclosed with the letter explained further: “If your position is not available upon your return-to-work, you will be placed in a layoff status for up to ninety (90) calendar days. If you have not obtained a suitable position with [the Auto Club] by the end of the layoff period, your employment will be terminated.” (Id. at Pg ID 166.) An excerpt from the Auto Club “Employment Policy Guide” enclosed with the letter stated: “failure to return to work when released by the disability administrator or as instructed by the company may result in termination.” (Id. at Pg ID 169.)

Deister applied for and received short-term disability benefits through the Auto Club's disability benefit plan, administered by The Hartford. (Deister Dep. Ex. 7 at Pg ID 171.) The Hartford initially awarded benefits for the period March 16, 2012, through May 31, 2012. (Id. ) On May 31, 2012, his benefits were extended through July 1, 2012. (Deister Dep. Ex. 8 at Pg ID 172.)

Ruby sent Deister a letter dated June 8, 2012. (See Pl.'s Mot. Ex. 9.) Because of its importance to several issues in this case, the contents of the letter are reproduced in full here:

I am writing to review with you relevant company procedures as they relate to your current absence.

The company holds an employee's position open for 90 consecutive calendar days of disability or the expiration of the employee's Grandfathered Extended Sick Leave or Family and Medical Leave, whichever is longer. In your case, more than 90 calendar days have elapsed and business conditions require that we fill the vacancy.

In addition, you will not accrue PTO for any full calendar month you are absent while you are on leave.

When you have a projected return to work date, please contact Benefits at 313–[XXX–XXXX].

When the company is notified by Hartford that you are no longer eligible for disability benefits, you will be placed in a layoff status. While you are on layoff status, you may seek new employment opportunities within the company.

Please see the enclosed information sheet on how to apply for open positions. Human Resources/Staffing is available to assist you in finding suitable employment. Questions regarding suitable employment should be referred to Staffing at 313–[XXX–XXXX].You will remain on layoff status for a maximum of three months. If you are unable to locate suitable employment during your layoff period, your employment will be terminated.

(Id. ) Deister received the letter in June 2012. (See Deister Decl. ¶ 73; Deister Dep. at 159; Pl.'s Mot. Ex. 4 at Pg ID 445.)

Ruby sent Deister another letter, dated June 26, 2012, in which he said, “I am writing to request the return of company-owned equipment.” (Deister Dep. Ex. 12 at Pg ID 174.) After listing the car, computer, and other items for which he was requesting return, Ruby wrote: “Please contact me ... to make arrangements for the return/pick-up of the equipment by no later than noon on Friday, June 29, 2012. If you fail to contact me by this deadline, you will leave me no other choice but to pursue recovery through other legal channels.” (Id. ) This letter was prepared by HR employee Brockington for Ruby's signature, using a template Brockington had used multiple times before. (Brockington Decl. ¶ 2; Pl.'s Resp. Ex. 13, Ruby Dep. at 37, 71–72.) Deister received the letter and contacted Ruby by the deadline. (See Deister Dep. at 100; Def.'s Mot. Ex. E, Ruby Decl. Ex. 1 at Pg ID 218.) Deister returned the equipment in June 2012. (Def.'s Mot. Ex. D, Brockington Decl. ¶ 2; see Deister Decl. ¶ 67.)

On July 5, 2012, Deister's short term disability benefits were extended through July 31, 2012. (Deister Dep. Ex. 13 at Pg ID 175.) The Hartford advised Deister by letter: “If your disability is extended beyond this date, it...