Jerome v. Hertz Corp.
| Decision Date | 09 April 2014 |
| Docket Number | Case No. 2:12–CV–610–FTM–38. |
| Citation | 15 F.Supp.3d 1225 |
| Parties | Gesner JEROME, Moise Delice, Joseph Julner Honore, Udovic Jean–Francoise, Marc D. Raphael and Senopha Choute, Plaintiffs, v. The HERTZ CORPORATION, Hertz Global Holdings, Inc., Simply Wheelz, LLC and Terry Gibson, Defendants. |
| Court | U.S. District Court — Middle District of Florida |
Dennis Louis Webb, Webb, Scarmozzino & Gunter, PA, Ft. Myers, FL, for Plaintiffs.
John W. Campbell, Hannah Choi, Constangy, Brooks & Smith, LLP, Tampa, FL, for Defendants.
This matter comes before the Court on Motion for Summary Judgment of Defendants The Hertz Corporation, Hertz Global Holdings, Inc., and Terry Gibson (Doc. # 81; see also Doc. # 82) filed on February 3, 2014. Plaintiffs filed a memorandum of law in opposition (Doc.# 92) on March 7, 2014. This matter is now ripe for review.
Plaintiffs Gesner Jerome, Moise Delice, Joseph Julner Honore, Udovic Jean–Francoise, Marc D. Raphael, and Senopha Choute are all Black individuals of Haitian descent and at one time were employees of All Alliance USA, Inc. (hereinafter “All Alliance”). All Alliance contracted to work as a vendor for Simply Wheelz, LLC,2 a company doing business as Advantage Rent a Car (hereinafter “Advantage”),3 at the Fort Myers, Florida off-airport facility of Advantage. (See Doc. # 82–21, at 3 ()). Defendant Terry Gibson was a supervisor for Advantage in Tampa, Florida. Defendant Gibson on occasion worked in Fort Myers, Florida as well. (Doc. # 82–1, at ¶¶ 2, 22; Doc. # 92–4, at 8). Simply Wheelz, a subsidiary of Hertz, purchased the assets of Advantage out of Bankruptcy in 2009. (Doc. # 82–2, at ¶ 4). The Second Amended Complaint alleges Advantage in essence was a fictitious name under Hertz. (Doc. # 64, at ¶ 8). The Second Amended Complaint also alleges All Alliance, Simply Wheelz (Advantage), and Hertz were all joint employers of Plaintiffs. (Doc. # 64, at ¶ 24). Defendants deny these allegations. (Doc. # 64; Doc. # 82–2, at ¶ 2).
While employed by All Alliance, Plaintiffs performed various duties such as cleaning rental cars, transporting rental cars, driving the airport courtesy bus, and providing some customer service. (See e.g., Doc. # 82–11, at 3, 5; Doc. # 82–13, at 3; Doc. # 92–6, at 37; Doc. # 92–7, at 25–26). These job duties were pursuant to a contract between All Alliance and Advantage.4 (Doc. # 92–4, at 85). Plaintiffs wore Advantage shirts when performing their work duties. (See e.g., Doc. # 82–14, at 3; Doc. # 82–15, at 9; Doc. # 92–6, at 23). Occasionally, Plaintiffs transported Hertz cars as well. (Doc. # 82–14, at 3; Doc. # 82–15, at 5). These occasions occurred when Advantage had an influx in its need of cars for patrons and accordingly Advantage would formally request additional cars from Hertz. (Doc. # 92–4, at 19–20). Plaintiffs reported to work at an Advantage worksite located at a Holiday Inn at the start of their work day. (Doc. # 92–6; Doc. # 92–7 at 11). Due to bus shuttle and car retrieving duties, Plaintiffs' jobs required travel outside of this Holiday Inn location as well. (See e.g., Doc. # 92–7, at 22, 24).
Plaintiff Jerome testified that he was hired by Peter Luna, from Advantage, and a man named Andre, from All Alliance. (Doc. # 92–6, at 13–14). Through All Alliance, Plaintiff Jerome helped hire the other five Plaintiffs at different times; spanning over a two year period. (Doc. # 82–15, at 11, 14; Doc. # 92–7, at 37; Doc. # 92–8, at 2; Doc. # 92–10, at 35). Sonia Jimenez, an All Alliance employee, supervised all Plaintiffs. (Doc. # 82–15, at 6). Jimenez, however, only communicated work related messages to Plaintiff Jerome, and in turn, Plaintiff Jerome communicated to the other Plaintiffs. (Doc. # 82–17, at 7; Doc. # 92–4, at 78). While working for All Alliance, Plaintiff Jerome served as the leader of the five other Plaintiffs. (See e.g., Doc. # 82–11, at 5; see also Doc. # 92–4, at 28). Plaintiff Raphael served as the leader to the other Plaintiffs on the days Plaintiff Jerome did not work. (Doc. # 82–6, at 5; Doc. # 82–18, at 2; Doc. # 92–4, at 41). In addition, Plaintiff Jerome supervised the other Plaintiffs. (Doc. # 92–2, at 18).
Plaintiffs' paychecks did not come from Hertz or Advantage. (See e.g., Doc. # 82–16, at 3; Doc. # 92–6, at 15–16). Plaintiffs' paychecks came from All Alliance and a company called Convergence. (See e.g., Doc. # 92–10, at 7). When there were issues with their paychecks, Plaintiffs contacted All Alliance employees to rectify the issues. (See e.g., Doc. # 92–10, at 12).
Prior to August 2013, Defendant Terry Gibson managed the operations of Advantage in both Fort Myers and Tampa, Florida. (Doc. # 82–1, at ¶ 2). Defendant Gibson traveled to Fort Myers for his job about four to five times. (Doc. # 82–1, at ¶ 22; see also Doc. # 82–10, at 59). Defendant Gibson declared in this capacity he did not control All Alliance functions and did not know the names of All Alliance's employees. (Doc. # 82–1, at ¶¶ 3–20). Nonetheless, Defendant Gibson requested that the All Alliance employees dress neatly and be able to speak English. (Doc. # 82–1, at ¶ 21; see also Doc. # 82–10, at 6; Doc. # 92–5, at 19). Defendant Gibson made this request to Jimenez. (Doc. # 82–1, at ¶ 21; see also Doc. # 92–5, at 21), at one time he evaluated that the clothing of some All Alliance employees was unsuitable for providing shuttle bus services to customers. (Doc. # 82–1, at ¶ 22). Defendant Gibson admitted, even if a shuttle bus driver was not an Advantage employee, the driver's appearance could reflect badly on Advantage as a company. (Doc. # 82–1, at ¶ 22). Defendant Gibson wanted Advantage customers to be pleased with the service provided to them. (Doc. # 82–1, at ¶ 22).
Defendant Gibson asked Plaintiff Jerome to fill his car with gas after he drove from Tampa to Fort Myers for work. (Doc. # 92–6, at 26). Defendant Gibson also requested Plaintiffs to retrieve Hertz cars and wash them. (Doc. # 92–6, at 27–28). For the most part, however, Defendant Gibson only spoke with Jimenez rather than to Plaintiffs directly. (Doc. # 92–6, at 33). The record reveals there may have been a day where Defendant Gibson was upset with Plaintiff Jerome for taking a relatively long time, approximately thirty minutes, to retrieve and wash a car for a customer. (Doc. # 92–6, at 28–33).
Bradford Simmons, a human resource business partner for Hertz, is responsible for personnel and human resources matters in the southeastern United States and the Caribbean. (Doc. # 82–3, at ¶ 1). Simmons declared Hertz did not share or intermingle employees with Simply Wheelz (Advantage). (Doc. # 82–3, at ¶¶ 2–3). Simmons labeled Simply Wheelz (Advantage) as an independent contractor and asserted Hertz and Simply Wheelz (Advantage) did not have involvement or control of All Alliance's daily functions. (Doc. # 82–3, at ¶¶ 4–23). Further, Simmons asserted Hertz did not interfere with Plaintiffs' employment with All Alliance. (Doc. # 82–3, at ¶¶ 23–26). Robert Vassar, the Regional Manager of the Eastern Region for Simply Wheelz (Advantage), gave a similar substantive declaration but with regard to Simply Wheelz (Advantage) and Plaintiffs. (See generally Doc. # 82–4).
Peter Luna worked for Advantage in Fort Myers. (Doc. # 92–4, at 10). Luna specifically worked at a Holiday Inn location rather than at the Fort Myers Airport. (See generally Doc. # 92–4). Luna on occasion worked with Plaintiff Jerome because the All Alliance Plaintiffs cleaned the Advantage cars and transported customers from the Fort Myers Airport to the Holiday Inn location. (See generally Doc. # 92–4, at 79–80). Luna, through Advantage, determined the number of All Alliance employees Advantage needed to work each day at the Holiday Inn location. (Doc. # 92–4, at 33–34; Doc. # 92–5, at 18; see also Doc. # 92–8, at 4–5). Luna, however, did not determine who specifically worked each day. (Doc, # 92–7, at 31). Luna advised Plaintiffs to arrive at work by 7:30 a.m. (Doc. # 92–7, at 45). All Alliance, however, made the schedule for Plaintiffs. (See Doc. # 92–7, at 46). Luna gave cleaning supplies and general instructions to Plaintiffs with regard to their car cleaning duties; however, Defendant Gibson did not provide such cleaning supplies to Plaintiffs. (See e.g., Doc. # 92–10, at 15–16). Luna did not supervise Plaintiffs actually cleaning the cars. (Doc. # 92–10, at 18). Luna did not have the authority to terminate All Alliance employees, however, if a driver was unable to speak English, Luna could advise All Alliance of this issue in order to obtain a different driver that spoke English fluently. (Doc. # 92–4, at 47, 68, 77). Luna quit his job with Advantage for personal reasons in December of 2010. (Doc. # 92–4, at 49; Doc. # 92–5, at 59).
With the exception of Plaintiff Jean–Francoise and Plaintiff Jerome,5 Plaintiffs did not believe they worked for Hertz. (See e.g., Doc. # 82–6, at 6; Doc. # 82–13, at 8). Plaintiffs thought they worked for All Alliance or Advantage only. (Doc. # 82–6, at 7; Doc. # 82–7, at 3; Doc. # 82–11, at 9; Doc. # 82–12, at 4–5; Doc. # 82–13, at 8; Doc. # 82–18, at 6). Plaintiffs also admit no one other than Plaintiffs Jerome and Raphael gave the other Plaintiffs orders or instructions.6 (Doc. # 82–6, at 5; Doc. # 82–7, at 3; Doc. # 82–13, at 5).
On February 25, 2012, Plaintiffs Choute and Jimenez got into an argument. (Doc. # 92–5, at 53; see also Doc. # 92–7, at 15–16). Jimenez claims Plaintiff Choute inappropriately yelled at her. (Doc. # 92–5, at 53). Despite this, Jimenez alleges she did not terminate Plaintiff Choute or any of the other Plaintiffs. (Doc. # 92–5, at 54). Jimenez, however, requested Plaintiff Jerome to take Plaintiff Choute home for the day and then for Plaintiff Jerome to return to work. (Doc. # 92–5, at 54–55). Jimenez did not communicate this incident to Advantage or Hertz. (Doc. # 92–5, at 56).
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