Maietta v. United Parcel Service, Inc.

• Decision Date: 01 October 1990
• Docket Number: Civ. A. No. 89-967.
• Citation: 749 F. Supp. 1344
• Parties: Jerry L. MAIETTA, Plaintiff, v. UNITED PARCEL SERVICE, INC., Defendant.
• Court: U.S. District Court — District of New Jersey

749 F. Supp. 1344

Jerry L. MAIETTA, Plaintiff, v. UNITED PARCEL SERVICE, INC., Defendant.

Civ. A. No. 89-967.

United States District Court, D. New Jersey.

October 1, 1990.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

John M. Agnello, Carella, Byrne, Bain, Gilfillan, Cecchi & Stewart, Roseland, N.J., for plaintiff.

Jay D. Fischer, Proskauer Rose Goetz & Mendelsohn, Clifton, N.J. and Allen I. Fagin, Proskauer Rose Goetz & Mendelsohn, New York City, for defendant.

ORDER

LECHNER, District Judge.

Plaintiff Jerry L. Maietta ("Maietta") brings this action against his former employer, United Parcel Service, Inc. ("UPS"). Maietta alleges diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). It appears jurisdiction is appropriate.

Maietta filed his complaint on 8 March 1988 and amended it twice. His Second Amended Complaint and Jury Demand (the "Second Amended Complaint") alleges eight causes of action against UPS under New Jersey Law common and statutory law.

Count One ("Count One") of the Second Amended Complaint alleges the UPS Policy Book ("Policy Book") constitutes a UPS employment contract with Maietta and limits the right of UPS to terminate Maietta's employment. Maietta alleges his unjust and wrongful discharge violated the terms of the Policy Book. Count Two ("Count Two") alleges Maietta's superiors made representations to Maietta that he would not be terminated without just cause. Maietta alleges his discharge breached the terms of the oral contract created by these oral representations. Count Three ("Count Three") alleges the circumstances of his interview with UPS investigators prior to his discharge constituted false imprisonment. Count Four ("Count Four") alleges the conduct of UPS management officials during the investigation leading up to his discharge and through the date he was terminated constituted the intentional infliction of emotional distress. Finally,¹ Count Eight ("Count Eight") alleges Maietta was discharged because of his Italian heritage in violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq.

UPS moves for summary judgment on the Second Amended Complaint (the "UPS Motion") pursuant to Fed.R.Civ.P. 56.² For the following reasons, the UPS Motion for summary judgment is granted as to Counts One, Two, Three, Four and Eight, the remaining counts in the Second Amended Complaint.

Facts

The Maietta causes of action arise out of his termination from UPS for falsifying reports after having worked for UPS for more than twenty-one years and out of the events leading up to his termination.

A. Structure and Organization of UPS and the Metro Jersey District

UPS is a company incorporated under the laws of the State of New York. Second Amended Complaint at 1. It is in the business of small parcel pick-up and delivery service for commercial and residential customers in the United States and more than 175 foreign countries. Darden Aff., ¶ at 2. It is organized by geographic regions; each region is divided into districts. Darden Aff., ¶ 2; Maietta Aff., ¶ 11. The Metro Jersey District (the "District") is one of five districts in the East Region. The District is comprised of four package delivery divisions and three hub divisions, each supervised by a Division Manager. Darden Aff., ¶¶ 2, Maietta Aff., ¶¶ 11, 12.

Each package delivery division in the District is comprised of four or five package centers which serve particular communities within the District. Each hub division functions on three "sorts," or shifts: the Day, Twilight and Midnight sorts. Darden Aff. at 3; Maietta Aff., ¶¶ 12, 13. Each sort employs a simulator, a person who monitors the flow of packages into and through the Hub and who prepares reports recording the total number of packages processed during that sort (the "Volume Reports"). Darden Aff., ¶ 4.

According to Maietta,³ UPS stock is owned by UPS supervisors and managers or their heirs. Full-time supervisors and managers are eligible to receive shares of UPS stock each year as an incentive. Each year all full-time supervisors and managers are evaluated by their superiors. Based upon that evaluation, the superior recommends or does not recommend the reviewed supervisor or manager receive the stock incentive. Any stock given to supervisors and managers is in addition to salary. Maietta Aff. at 9, n. 5. The amount of the stock incentive given to managers is double that given to supervisors. Maietta Aff. at 10, n. 6.

B. Maietta's Employment History

Maietta began working in the District as a part-time supervisor at the Englewood Center in 1967 while he was attending college. Maietta Aff., ¶¶ 14, 15; Maietta Dep. at 159. At the time, he was also working part-time at Intradata Systems. He rejected Intradata System's offer of full-time employment and continued to work part-time for UPS. Maietta Dep. at 158-59, 167.

Maietta became a full-time Supervisor of Industrial Engineering at the Englewood Center in 1968. He did not sign an employment contract with UPS for a specific time period upon becoming a full-time employee. Maietta Dep. at 124. During his years at UPS, Maietta never looked for employment elsewhere, never submitted an application for employment to any other employer and never received a job offer from any other employer. Maietta Dep. at 190.⁴

Maietta was promoted and transferred into a number of different positions at UPS in the ensuing years. These positions included positions as the Meadowlands Day Hub Manager from 1972 to 1976, Maietta Aff., ¶ 37, 38, On Car Supervisor at the Hackensack Center from 1976 to 1978, Maietta Aff., ¶¶ 51, 53, Package Center Manager of the North Bergen Center from 1982 to 1986, Maietta Aff., ¶¶ 63, 86, Center Manager of the Clifton Center from 1986 to February 1988, Maietta Aff., ¶ 87, and Midnight Hub Manager at the Meadowlands from February to August 1988, Maietta Aff., ¶ 88, 92. Maietta was working as the Center Manager of the Newark Center when his employment with UPS was terminated on 8 November 1988. Maietta Aff., ¶ 92, 117.⁵

C. Policies and Procedures at UPS

UPS maintains a Policy Book setting forth policy, goals and procedures. The current edition of the Policy Book has been in effect since March 1983. Darden Aff., 4-5. A section entitled "Our Policies" describes the contents of the Policy Book as follows: "This book contains the policies we have developed to guide us toward our objectives. Some of the policies might accurately be described as ideals, others as procedures or rules." Policy Book at 12. The Policy Book refers the reader to other materials supplementing the Policy Book, such as the Guidelines for Antitrust Compliance and the Personnel Guide, among others, for guidance with respect to specific situations that might arise. Policy Book at 13. It also states that managers are delegated broad decision-making authority. Policy Book at 19.

The Policy Book contains a Policy entitled: "We Treat Our People Fairly and Without Favoritism" (the "Fairness Policy"). The Fairness Policy provides: "We believe that impartiality is the foundation of a loyal, cooperative work group. We want to treat each of our people as an individual. At the same time, we endeavor to treat all fairly and equally well." Policy Book at 33. The Policy Book also includes a policy entitled: "We Insist Upon Integrity in Our People" (the "Integrity Policy"). The Integrity Policy provides in relevant part:

We expect honesty from our people in their handling of the substantial amounts of money, merchandise, and property with which they are entrusted. We insist on integrity in preparation of all reports.

* * * * * *

The great majority of our people are of high moral character. However, when we do discover a dishonest person in our organization, we deal with that individual quickly and firmly.

Policy Book at 42 (emphasis added).

Maietta was first shown the Policy Book in 1967 during his initial job interview with Bob Jackson ("Jackson"), at which time he was told he would be responsible for upholding the policies of the company. Maietta Dep. at 163-64. He and Jackson engaged in no further discussion about the Policy Book at that time.⁶ Maietta alleges during the course of his employment with UPS, three different superiors referred to the Policy Book as his employment contract. Maietta Dep. at 130-31. Maietta says Jackson referred to the Policy Book as a contract of employment, as did Darden. Maietta Dep. at 131.⁷ Maietta also says Frank Foley told him the Policy Book is a contract of employment in around 1971. Maietta Dep. at 130. Maietta contends he was told by Darden that "anyone who violated the contract, the policy book, would no longer be allowed to work for United Parcel Service." Maietta Dep. at 186.

Maietta claims representations as to job security were made by his superiors during the course of his employment. Maietta says he was told by one superior, Frank Foley, in around 1971 that if he did not break the rules he would always have a job at UPS. Maietta Dep. at 130-31. He alleges Darden told him on numerous occasions, "you'll never have to worry about losing your job. You just keep doing what you're doing. You work as hard as you work, you'll never have to worry about getting fired from UPS." Maietta Dep. at 180. Maietta also contends Darden additionally told him he would never lose his job except for good cause. Maietta Dep. at 185. Finally, Maietta alleges Darden announced at a meeting attended by supervisors and managers in April 1986 that management employees could be terminated for discrimination, fraternization, violations of the Integrity Policy and poor performance. Maietta Aff., ¶ 83;⁸ Darden Aff., ¶ 7; Darden Dep. I at 98-101.⁹

Maietta alleges he received additional oral representations regarding the procedures for implementing the Fairness Policy and additional oral representations of job security at a three-day training course entitled the "People Workshop" which he attended in 1983. Maie...