Elsherif v. Clinic, Civil No. 18-2998 (DWF/KMM)

• Decision Date: 22 February 2021
• Docket Number: Civil No. 18-2998 (DWF/KMM)
• Parties: Mohamed Elsherif, Plaintiff, v. Mayo Clinic and Robert J. Spinner, Defendants.
• Court: U.S. District Court — District of Minnesota

Mohamed Elsherif, Plaintiff, v. Mayo Clinic and Robert J. Spinner, Defendants.

Civil No. 18-2998 (DWF/KMM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

February 22, 2021

REDACTED MEMORANDUM OPINION AND ORDER

Vytas M. Rimas, Esq., Rimas Law Firm, PLLC, counsel for Plaintiff.

George R. Wood, Esq., Katherine Nyquist, Esq., and Stephanie D. Sarantopoulos, Esq., Littler Mendelson, PC, counsel for Defendants.

INTRODUCTION

This matter is before the Court on Defendants Mayo Clinic ("Mayo") and Robert J. Spinner's ("Spinner")(collectively, "Defendants")Motion for Summary Judgment.(Doc. No. 323("Motion").)For the reasons set forth below, the Court grants Defendants' Motion.

BACKGROUND

PlaintiffMohamed Elsherif("Elsherif") alleges a variety of both state and federal claims including discrimination, interference with leave, violation of fair labor standards, unjust enrichment, quantum meruit, promissory estoppel, tortious interference, defamation, civil theft, and conversion that arise from his work as a research fellow at Mayo.

Elsherif was born in Egypt and is a practicing Muslim.(Doc. No. 326 ("Elsherif Dep.")at 239;see alsoDoc. No. 5("Am. Compl.")¶ 8.)He received a medical degree from Tanta University in 2010 but has not taken the examinations required to practice medicine in the United States.(Elsherif Dep.at 17, 18, 20, 82-83;see alsoDoc. No. 332 ("Wood Decl., Ex. 4")at 65.)¹From August 3, 2016 to August 2, 2017, Elsherif worked as a self-funded postdoctoral research fellow at Mayo under the supervision of Defendant Spinner ("First Appointment").²(SeeWood Decl., Ex. 4at 69- 70, 72-73.)During his First Appointment, Elsherif co-authored four articles on which he assisted with research.³(SpinnerDecl. ¶ 5.)Toward the end of his First Appointment, Mayo offered Elsherif a second appointment to run to from August 3, 2016 to August 2, 2017("SecondAppointment"), again under the supervision of Defendant Spinner.⁴(Wood Decl., Ex. 4at 71.)The Second Appointment included an annual salary of $45,444 paid directly by Mayo.(Id.)

Early during the Second Appointment, Spinner became concerned about Elsherif's job performance.(Doc. No. 328 ("Spinner Dep.")at 118;SpinnerDecl. ¶ 6.)Spinner asserts that he held multiple one-on-one counseling sessions with Elsherif to address his work performance.(Spinner Dep.at 119-120;SpinnerDecl. ¶ 8.)In February 2017, Spinner informed Jennie A. Wilson("Wilson"), Mayo Research Operations Manager, that Elsherif had failed to show up to work on multiple occasions.⁵(Wood Decl., Ex. 4at 127.)On March 15, 2017, Spinner informed the Mayo Human Recourses Department that Elsherif was not meeting expectations.(Wood. Decl. Ex. 4at 120.)

That same month, Elsherif disclosed to Spinner that he[Redacted]⁶(Elsherif Dep.at 137.)Spinner suggested that Elsherif may need to take time off.(Id. at 137.)Elsherif took time off in late March.⁷(Id. at 137-138.)Prior to the start of his leave, Spinner sent Elsherif multiple emails asking him to provide a copy of his research data and manuscript so that Spinner could work on the research while Elsherif was away.(Wood Decl., Ex. 4at 86.)Elsherif did not do so.⁸

Elsherif did not return from his leave as scheduled and failed to communicate to Spinner any reason for his delayed absence, ultimately resulting in temporary loss of his computer privileges.⁹(Spinner Dep.at 145-146;SpinnerDecl. ¶ 7, Ex. 2;see alsoWood Decl., Ex. 4at 57, 87, 127, 129.)On April 6, Spinner and Wilson met with Elsherif to discuss his work performance and job expectations.(Wood Decl., Ex. 4at 109, 127, 129;see alsoElsherif Dep.at 184-186.)Elsherif alleges that when discussing his performance, Spinner said to him in a mocking tone, "Let Allah help you."(Elsherif Dep.at 182, 186.)According to documentation of that conversation, Spinner advised that continued poor performance could result in termination.(Wood Decl., Ex. 4at 129.)

Elsherif contends that after he returned from vacation, Spinner was verbally abusive to him on multiple occasions.(Elsherif Dep.at 183-84, 189.)Specifically,Elsherif contends that when he told Spinner that he did not feel well, Spinner responded that "you should be doing well; [Redacted](Id. at 184.)Elsherif also asserts that Spinner frequently told Elsherif that he should not be working at Mayo, that he was a failure even if he worked at McDonalds, and that he should go back to his country.(Id. at 189.)Elsherif further alleges that Spinner angrily told him more than once that he was wasting Spinner's [grant] money.(Elsherif Dep.at 143-44,189.)

On May 22, Elsherif did not show up for work and did not respond to emails.(Id. at 127.)On May 23, 2017, Elsherif emailed Spinner apologizing for not responding sooner and stating that he had been absent due to an appendectomy.(Id. at 75.)On May 24, 2017, Elsherif sent Spinner a text message stating that his surgeon "gave [him] two days off" and did not impose any work restrictions.(Id. at 77.)On May 27, 2017, after Spinner asked that Elsherif provide documentation from his surgeon that he was fit to work, Elsherif admitted via text message that he had lied about the appendectomy.(Id. at 81-84.)In the same exchange, Elsherif disclosed that the true reason for his absence was that he had suffered [Redacted](Id. at 81-84.)

Two days after his alleged appendectomy, and at the direction of Spinner, Elsherif met with [Redacted](Elsherif Dep.at 135-136.)Elsherif used the opportunity to discuss and develop a plan to help with his [Redacted](Id.)[Redacted] but advised Spinner via email that Elsherif could safely continue his work with the caveat that he may experience reducedproductivity and may need time off for medical appointments.(Wood Decl., Ex. 4at 76("Vaughn Email").)Between March and June 2017, Elsherif saw [Redacted] , none of whom indicated any need for work restrictions.(Elsherif Dep.at 155-157.)

On May 31, 2017, Wilson and Jacque Wolf, a Senior Human Resources Advisor, met with Elsherif to discuss the importance of Elsherif communicating his absences to Spinner.¹⁰(Wood Decl., Ex. 4at 92, 111-113;see alsoid at 113-115(emails discussing planning for the meeting).)According to documentation from that meeting Elsherif: (1) admitted that he had failed to meet expectations and offered to re-pay his salary in the form of a donation to Spinner's research grant; (2) was actively involved with the [Redacted] programs; and (3) was informed that Mayo would "accommodate a period of absence if [Elsherif] determine[d] that [was] needed" and that "the decision about absence [was] up to him."(Id. at 111.)On the same day, Spinner sent Wilson the following email:

Have spoken to [Elsherif] at length again.He has difficulty comprehending the gravity of his poor performance and his lack of professionalism.He has promised yet again to provide me with the paper that he was supposed to give me many months ago.He has promised it for Monday.If this is not provided, he will have to be dismissed.

(Doc. No. 343-2 ("Rimas Decl. 1, Ex. 2")at 45.)¹¹

Elsherif continued to have sporadic absences from work in June.(Elsherif Dep.at 158.)He asserts that all of his absences were related to his [Redacted] and that on the days he did not come in or came in late, he worked additional hours to make up for his absences.(Id. at 161.)On June 13, 2017, Spinner informed Elsherif that his Second Appointment would not be renewed for a third year.(Spinner Dep.at 27-28.)On the same day, Elsherif emailed a different Mayo physician, Dr. Alejandro Rabinstein("Rabinstein"), about becoming a research fellow with him.(Elsherif Dep.at 192;see alsoWood Decl., Ex. 4at 131.)Elsherif understood that the position was unpaid but wished to pursue it because he thought it would require less responsibility.(Elsherif Dep.at 193.)

According to documentation from June 19, 2017, Spinner disclosed to Wilson that he did not feel Elsherif should continue in any position at Mayo and stated that he would attempt to contact Rabinstein to discuss the situation.(Wood Decl., Ex. 4at 123-124.)Spinner also indicated that Elsherif was still not completing the work Spinner asked him to, despite multiple meetings to talk about it, and that Elsherif continued to promise that he would send Spinner data but failed to do so.(Id.)

On June 21, 2017, Elsherif posted to a Mayo community online message board that he had been under "tremendous stress for several months and [he] need[ed] a pausefrom his current job" to work in "a hospital based non-stressful job," and sought advice on how to obtain such a position.(Wood Decl., Ex. 4at 121;see alsoRimas Decl. 1, Ex. 2at 40- 41;see alsoRimas Decl. 2at 5.)

A human resources advisor flagged the posting and sent it to Wilson who responded, "Oh my.What can we do to help him?I really think he needs help.He needs to be talking to someone about his stress level and how to deal with it.Any ideas?"(Wood. Decl. Ex. 4at 121.)Wilson then emailed Spinner stating, "I am talking to HR about how we might be able to help [Elsherif].Being that he posted this, I don't think his stress/anxiety is a [sic] protected health information.He really needs to be talking to someone who can help him deal with his stress.[Elsherif's][Redacted](Rimas Decl. 1, Ex. 2at 40.)Spinner responded, "I'm amazed he's posting all this.Thx for sharing," to which Wilson concluded "Yes.Doesn't make sense, if a person is thinking straight."¹²(Rimas Decl. 2at 5.)

Spinner asserts that after Elsherif learned that his Second Appointment would not be extended, Elsherif effectively stopped coming to work.(SpinnerDecl. ¶ 9.)Mayo subsequently terminated Elsherif's Second Appointment on July 7, 2017, approximately one month early.(Wood Decl., Ex. 4at 332;see alsoSpinnerDecl. ¶ 10;Doc. No. 349-1at 2.)Mayo attempted to notify Elsherif of the decision on July 7, 2017;...