Hollingsworth v. R. Home Prop. Mgmt., LLC

• Decision Date: 27 October 2020
• Docket Number: CIVIL ACTION NO. 19-2754
• Parties: Frank HOLLINGSWORTH v. R. HOME PROPERTY MANAGEMENT, LLC doing business as Park View at Oak Crest, et al.
• Court: U.S. District Court — Eastern District of Pennsylvania

498 F.Supp.3d 590

Frank HOLLINGSWORTH

v.R. HOME PROPERTY MANAGEMENT, LLC doing business as Park View at Oak Crest, et al.

CIVIL ACTION NO. 19-2754

United States District Court, E.D. Pennsylvania.

Filed October 27, 2020

Christine E. Burke, Ari Risson Karpf, Ryan A. Krocker, Karpf, Karpf & Cerutti, P.C., Bensalem, PA, for Frank Hollingsworth.

Jacqueline K. Gallagher, Kevin L. Golden, Buchanan Ingersoll & Rooney P.C., Philadelphia, PA, for R Home Property Management, LLC, Victoria Graves, Kristen Madzarac.

MEMORANDUM

McHUGH, United States District Judge

I. Introduction

The Family Medical Leave Act and Americans with Disabilities Act provide important protections for workers. But the safe harbor provided by those statutes does not prevent an employer from discharging an employee if there is a legitimate basis for doing so. The issue before me is whether Defendants violated Plaintiff's rights by firing him when he returned from medical leave. Upon review of the record, Defendants have brought forth substantial, uncontroverted evidence that Plaintiff was terminated for reasons of performance and conduct. Despite the sheer quantity of evidence to which Plaintiff points in seeking to identify a material issue of fact, he lacks evidence of pretext or evidence that might suggest an unlawful purpose. Accordingly, Defendants’ Motion for Summary Judgment must be granted.

II. Relevant Facts

Enterprise Residential, LLC, f/k/a R Home Property Management, LLC ("Enterprise"), operates affordable housing communities. See Second Am. Compl. ¶ 7, ECF No. 35; Dfs.’ Mot. For Summ. J. 1, ECF No. 33. One such community is an unassisted, senior living facility named Park View at Oak Crest ("PVOC"), which is located in Harleysville, Pennsylvania. Hollingsworth Dep. 139; Second Am. Compl., ¶¶ 7, 13.

Plaintiff Frank Hollingsworth began working at PVOC in 2005. Hollingsworth Dep. 10, ECF No. 33-2. He became the property manager in 2009. Ex. H, ECF No. 33-2. As property manager, Plaintiff was responsible for the implementation and monitoring of compliance with Enterprise's internal procedures as well as external regulatory requirements.¹ Hollingsworth Dep. 33; Ex. L, ECF No. 33-2. He was charged with collecting rent, and "maintain[ing] accurate records." Hollingsworth Dep., p. 33; Ex. L.

For example, every year residents would certify their income and assets, and Plaintiff was responsible for "oversee[ing]" that process—Hollingsworth Dep. 43-44—in other words ensuring that those certifications were accurate. Hollingsworth Dep. 43-45, 164-66; Harbison Dep. 34, 35, ECF No. 33-2. He would then submit the certification to a compliance analyst who would review it to ensure that "the paperwork was complete," and the file would be sealed, "to be activated on the new lease date." Hollingsworth Dep. 44, 47-48.²

On November 28, 2018, Mr. Hollingsworth took a leave of absence under the Family Medical Leave Act "FMLA." Hollingsworth Dep. 66, 147; Pl.’s Resp. to Dfs.’ Req. for Admis. No. 8, ECF No. 33-2. His leave was immediately preceded by an incident on November 13, 2018, when Plaintiff injured a supervisee during an altercation. Ex. O, P, Q, ECF No. 33-2. The incident resulted in a Performance Counseling Statement that included a "[f]inal [w]ritten" warning due to "[t]hreatened or actual physical violence," prepared by his supervisor Victoria Graves ("Graves") and Human Resources Business Partner Kristen Madzarac ("Madzarac") on November 27, 2018. Ex. R, ECF. No. 33-2; Ex. S, ECF No. 33-2; Hollingsworth Dep. 140. The warning stated that "[a]nother breach in our confidence in your ability to carry out your managerial role will result in additional disciplinary actions up to and including termination."³ Ex. S.

Plaintiff went to the emergency room that night, where he was diagnosed with acute stress reaction

and post-traumatic stress disorder. Hollingsworth Dep. 137-38; Ex. U, ECF No. 33-2; Ex. V, Pl.’s Resp. to Interrog. No. 2, ECF No. 33-3. Plaintiff informed Graves of the situation, forwarded her the medical information, and submitted FMLA documentation. Hollingsworth Dep. 147; Ex. W, ECF No. 33-2; Ex. X, ECF No. 33-2.

Plaintiff took leave starting that day. Hollingsworth Dep. 66, 147; Pl.’s Resp. to Defs.’ Req. for Admis. No. 8. His supervisor Graves responded by contacting Megan Norwood ("Norwood"), another property manager, to ask for assistance with coverage at PVOC. Norwood Dep. 12-13, 21-23, ECF No. 33-2; Graves Dep. 6, 18, 46-47, ECF No. 33-2. Graves also requested assistance from property manager Susan Harbison ("Harbison") and others. Graves Dep. 26-27, 46-47; Norwood Dep. 29; Harbison Dep. 27-28. Graves also had the locks on the manager's office changed. Graves Dep. 156-157.⁴ Plaintiff states that his belongings were removed from his office around this time and placed in a different office. Hollingsworth Dep. 57; 131.⁵

A month into Mr. Hollingsworth's leave of absence, Graves responded to an email from Regional Manager Sherry Beachley relating to coverage at PVOC. Ex. Q, ECF No. 34-1. In the initial email, Beachley expresses an interest in having Norwood mentor one of her supervisees, but is worried about overextending Norwood because she is already covering for the Plaintiff. Id. Beachley asks Graves if Plaintiff is still out on leave. Id. Graves responds: "Frank is still out. If he does not return there is plans for ... [Norwood] to permanently cover ...." Id. Beachley writes back: "Frank is still out? WOW." Id. Graves answers that she "is doubtful that Frank returns, but he might surprise us!" Id. Beachley responds: "[a]s for Frank, may be best if he did not return." Id. Graves does not address Beachley's comment in her final response concluding the email chain. Id.

Meanwhile, Harbison was providing coverage for Plaintiff at PVOC, where she observed that resident Jane French's daughter was assisting French with $200/month to cover rent. Harbison Dep. 40; Ex. CC, ECF. No. 33-6. Harbison investigated and found a consistent pattern of $200 checks going back at least 16 months. Harbison Dep. 57-60, 94; Ex. BB, ECF. No. 33-6; Ex. CC. Yet Harbison did not see the assistance documented, as it should have been per Chapter 5 of the HUD Occupancy Handbook. Ex. M, ECF No. 33-2; Ex. BB; Harbison Dep. 57. According to the HUD Occupancy Handbook, "[o]wners must count as income any regular contributions and gifts from persons not living in the unit." Ex. M.⁶

Harbison noticed also that French's file was sealed, Harbison Dep. 59, 109, meaning that Plaintiff had submitted the file for review to the compliance office, and a compliance analyst had determined that "the paperwork was complete." Hollingsworth Dep. 44-48. Indeed, Hollingsworth had provided the file to the compliance unit for final review on October 22, 2018, and it had been sealed on October 24, 2018, months earlier. Hollingsworth Dep. 202-205; Ex. C, ECF No. 33-2. Harbison communicated the discrepancy to Graves on or around January 2, 2018. Harbison Dep. 93-96.

Plaintiff acknowledges that Harbison's actions upon discovery of the missing documentation were "appropriate," "expected," did not "have anything to do with [his] request for FMLA leave," and were "[u]nrelated to [his] accommodation request." Hollingsworth Dep. 242, 247, 251. Indeed, according to the Plaintiff, Harbison "ha[d] an obligation to launch an investigation." Hollingsworth Dep. 245.⁷

After hearing from Harbison, Graves notified Monica Areford, her supervisor, of the situation. Ex. HH, ECF No. 33-6; Graves Dep. 19. She also informed Areford that Plaintiff had advised her that French's daughter had "stopped assisting in rental payments" nine months earlier. Ex. II, ECF. No. 33-6. That was because in April 2018, Plaintiff had assisted French, a friend of his mother's, with securing a lower rental amount for her unit on the very basis that the payments were stopping. Hollingsworth Dep. 96, 282; Ex. II.

Graves also reported the issue to Madzarac. Ex. HH; Ex. II, ECF No. 33-6; Madzarac Dep. 54-56, ECF No. 33-6. Shortly thereafter, Madzarac sent an email to her supervisor, Lorraine Gordon ("Gordon"), Vice President of Human Resources, Areford, and Diane Edwards, then President of Enterprise, in which she referred to the situation as "the Frank Hollingsworth ‘termination’ issue." Ex. LL, ECF No. 33-2. According to Gordon, Plaintiff's actions were considered "terminable" at that time. Gordon Dep. 20-21, 44. However, Defendants wished to meet with Plaintiff and allow him the opportunity to explain his actions before deciding on the appropriate course of action. Gordon Dep. 22, 38. Accordingly, Madzarac contacted Hollingsworth to arrange an interview. Madzarac Dep. 45, 49.

On January 22, 2019, Madzarac called Hollingsworth. Hollingsworth Dep. 76. The nature of the conversation is in dispute.⁸ According to Plaintiff, Madzarac repeatedly asked Plaintiff when he would be returning to work. Hollingsworth Dep. 64. Plaintiff also states that he explicitly (and unprompted by anything Madzarac said)⁹ raised the possibility of separation during the phone call. According to Plaintiff, he asked if the decision to terminate him had already been made, and Madzarac stated she could not "speak to that." Hollingsworth Dep. 78. Plaintiff states he told Madzarac that "if the decision had already been made to fire me, I would hope I would be offered some professional courtesy due to my performance and my tenure with the company." Id. Plaintiff elaborates that "what I had said was that if the company had already made the decision to fire me, I would hope that there would be some sort of professional courtesy and that you would be aboveboard with me about it." Hollingsworth Dep. 79.

Enterprise next sent a separation and release agreement to Hollingsworth by letter, stating: "you said you were interested in coming up with a negotiated departure from the company." Ex. NN, ECF. No 33-6. The letter advised that the purpose of Madzarac's January 22, 2019 call was:

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