Monroe v. Host Marriot Services Corp.
| Citation | 999 F.Supp. 599 |
| Decision Date | 07 April 1998 |
| Docket Number | No. Civ.A. 97-2529(JEI).,Civ.A. 97-2529(JEI). |
| Parties | Elisa Wong MONROE, Plaintiff, v. HOST MARRIOT SERVICES CORP., Tom O'Hare, and Ruth Crowley-Jacinto, Defendants. |
| Court | U.S. District Court — District of New Jersey |
Sebastian M. Rainone & Associates by Sebastian M. Rainone, Philadelphia, PA, for Plaintiff.
Chadbourne & Parke LLP by James C. LaForge, Kathy D. Bailey, Franklin Lakes, NJ, for Defendants.
This matter appears before the Court on the motion of defendants Host Marriott Services Corporation ("Host Marriott"), Tom O'Hare ("O'Hare") and Ruth Crowley-Jacinto ("Crowley-Jacinto") for summary judgment on plaintiff Elisa Wong Monroe's ("Monroe") complaint alleging defamation, breach of contract, and wrongful termination. For the reasons that follow, we will grant summary judgment to defendants on each of plaintiff's claims.
On September 26, 1994, Monroe started her employment with Host Marriott as a Merchandise Manager in the Atlantic City branch. She remained with Host Marriott, receiving mostly favorable reviews, until November 1, 1996, at which time she was terminated. Host Marriott contends that Monroe was terminated because her position was eliminated as a result of a business decision to reduce staff in the Atlantic City branch. Monroe, on the other hand, claims she was terminated in retaliation for her invocation of grievance procedures seeking vindication for an alleged defamatory memorandum.
The events giving rise to this lawsuit began on January 5, 1996, when Monroe's supervisor, Jerry Thompson ("Thompson") read a memorandum dated January 4, 1996 (the "Memo") from Thompson's superior, defendant O'Hare, aloud to the assembled Host Marriott management staff in Atlantic City. Thompson read the Memo to the group in order to prepare a requested response to O'Hare. The Memo criticized several aspects of the Atlantic City's branch's performance, including three specific references to the Merchandise Manager, Monroe's position. O'Hare prepared the Memo with assistance from defendant Ruth Crowley-Jacinto ("Crowley-Jacinto"). O'Hare is the Executive Vice President in charge of operations, and is based at the Host Marriott headquarters in Bethesda, Maryland. Crowley-Jacinto is a Vice-President for Retail at the Host Marriott headquarters in Bethesda. She serves as a consultant to O'Hare and Thompson on retail matters.
Plaintiff claims that the Memo contained defamatory statements about her. The allegations which plaintiff claims are defamatory of her are:
Item 1: "Eye off the ball during summer cost us sales and profits. ..."
Item 7:
Item 8: "Branch is not adequately positioned for summer business including: — product mix geared to older clientele vs. collegiate groups."
Item 9: "Product mix in branch does not meet customer profile.... insufficient value promotions for customer, excess p.o.p. mark-downs thus making purchasing more difficult for clientele. ..."
Item 10: "Lack of follow through at merchandise manager level including:
—putting training received at last three meetings to work in the business and sharing that new knowledge with managers and associates
—lack of responsiveness to ideas, programs, etc.
—reaction too slow to business trends/seasonal needs e.g. gift sales off as much as 100% in some stores but timely action not taken, shirts from last spring are still shown but designs should have turned over 2-3 times since —markdowns not taken especially in toys, gifts and seasonal products (POS markdowns over-used)
—lack of value pricing which better responds to customer mix (in spite of repeated offers and calls initiated by To a Tee, HRLA, etc. who could have provided same to drive sales and offer new "looks" to the repeat visitors)
—shifts in mix/cop by category and by store need closer attention and follow through
—visual standards needs higher standard in application/implementation (as per manual)"
Item 11: "Merchandise Manager is not held accountable to the same level as other areas in the business (or to the same level as previous merchandise managers)"
Item 12: "The perception is that merchandise manager and HR manager are `favored' and are held to a different level of accountability which is cause for tension and hurts morale and potential value of open feedback"
Item 14: "`Team' walk through of stores (e.g., weekly) with real orientation and follow through would impact business, develop people and better meet customer and landlord expectations."
Exh. A to Pl. Compl. In plaintiffs internal complaint to Host Marriott, plaintiff only claimed that two of the statements in the Memo, items 7 and 10, were untrue. Bailey Aff. at Exh. 8.
Plaintiff claims that after the reading of the memo on January 5, 1996, the defamatory statements were repeated "at least until the end of August 1996." Compl. at 23, 36. She notes one specific instance of repetition when she herself faxed a copy of the Memo to an internal auditor of Host Marriott. She also claims unspecified employees may have expressed their sympathy about the Memo statements after May 1996.
Sometime in January, after the publication of the Memo at the January 5, 1996 meeting, Monroe invoked the grievance procedures outlined in Host Marriott's Guarantee of Fair Treatment ("GFT"). The GFT is a one-page policy statement which Monroe and other employees are given when they begin their employment with Host Marriott. Monroe received her copy of the GFT on September 27, 1994, her second day of work. She and her supervisor signed and dated the document to acknowledge receipt. The GFT, in its entirety, provides:
Host Marriott Corporation policy provides that every employee, regardless of position, be treated with respect and in a Fair and just manner at all times. In keeping with this long recognized policy, all persons will be considered for employment promotion or training on the basis of qualification without regard to race, color, creed, sex or national origin.
We recognize that, being human, mistakes may be made in spite of our best efforts. We want to correct such mistakes as soon as they happen. The only way we can do this is to know of your concerns and complaints. NO MEMBER OF MANAGEMENT IS TOO BUSY TO HEAR CONCERNS OR COMPLAINTS OF ANY EMPLOYEE.
If you have a concern or complaint, this is what you should do.
Step 1—Tell your immediate supervisor. During this discussion feel free to "lay your cards on the table." Your supervisor will listen in a friendly, courteous manner because it is the supervisor's desire to understand and aid in solving problems which arise in your work. Generally, you and your supervisor will be able to resolve your concern.
Step 2—If you do not get your concerns straightened out with your supervisor, see your Manager or Department Head. The Manager or Department Head will obtain all the facts and endeavor to settle your problem in a fair and equitable manner, if you [sic] still not satisfied, the Manager or Department Head will arrange for you to see your District Manager or General Manager.
Step 3—Your district Manager or General manager will confer with you, and all others involved, to carefully review the facts and circumstances if, after a thorough discussion of the matter, you still feel the concern has not been resolved to your satisfaction, the entire matter will be referred to your Divisional Vice President for action.
NOTE: Your concern may be such that you prefer to discuss it directly with your District Manager or General Manager or a representative of the employee relations staff. Always feel free to do so. It is the policy of Marriott Corporation that all employee suggestions and complaints shall be given full consideration. There will be no discrimination or recrimination against any employee because the employee presents a complaint or problem.
Exh. B to Pl. Compl.
Monroe brought her claim to the area Human Resources administrator who then referred her to the General Manager. After discussing Monroe's claims with her, the General Manager requested that the Director of Field Human Resources, Bob Mascio ("Mascio"), meet with Monroe. Mascio met with Monroe, as well as other management employees of the Atlantic City branch. Mascio testified in his deposition that he repeatedly advised Monroe to send her rebuttal to the Memo directly to Crowley-Jacinto. Mascio Dep. at 33. Monroe did not follow this advice. Mascio further testified that he sought to allay Monroe's concerns:
I tried to stress to her that I didn't view this as a reflection upon her; that this memo is directed to Jerry Thompson; and that this is an issue for Jerry Thompson to deal with; and that I didn't see this as being a, necessarily, reflection upon her performance; and that nobody was concerned about her performance. The issue at hand was Jerry Thompson's performance or lack of performance.
Mascio Dep. at 33. Mascio testified that he attempted to reach Monroe twice by telephone. See Mascio Dep. at 60-61. Monroe claims Mascio never reported back to her. Nonetheless, she was informed of Mascio's response from the General Manager. No further action was taken by either Monroe or Host Marriott.
On October 1, 1996, plaintiff was notified that her position as merchandise Manager for the Atlantic City branch was being eliminated due to corporate restructuring. Other positions were also eliminated at the same time. Notwithstanding that her position was being eliminated, Monroe received a raise in October. Monroe's termination went into effect on November 1, 1996. Her supervisor, Thompson, also lost his job at around the same time.
Monroe claims that her position was not eliminated because another employee assumed her duties after she left. She believes that Host...
To continue reading
Request your trial
-
Scully v. Borough of Hawthorne
...In order to recover for breach of contract, a plaintiff must first prove the existence of a contract. See Monroe v. Host Marriot Servs. Corp., 999 F.Supp. 599, 605-06 (D.N.J.1998); cf. Witkowski v. Thomas J. Lipton, Inc., 136 N.J. 385, 389, 393-94, 643 A.2d 546 (1994). Accordingly, the crit......
-
Kadetsky v. Egg Harbor Tp. Bd. of Educ.
...when a "statement is made for a common interest shared between the publisher and the recipient." Monroe v. Host Marriot Services Corp., 999 F.Supp. 599, 604-05 (D.N.J.1998)(Irenas, J.)(citing Williams v. Bell Tel. Labs., Inc., 132 N.J. 109, 121, 623 A.2d 234 (1993); Coleman v. Newark Mornin......
-
Santosuosso v. Novacare Rehabilitation
...or with negligence in failing to ascertain the truth or falsity; and (6) which caused damage." Monroe v. Host Mar riot Services Corp., 999 F.Supp. 599, 603 (D.N.J.1998)(Irenas, J.)(citing Feggans v. Billington, 291 N.J.Super. 382, 391, 677 A.2d 771 (1996)). New Jersey courts have recognized......
-
Kadetsky v. Egg Harbor Township Board of Education, Civil Action No. 99-842 (D. N.J. 1/20/1999)
...when a "statement is made for a common interest shared between the publisher and the recipient." Monroe v. Host Marriot Services Corp., 999 F.Supp. 599, 604-05 (D. N.J. 1998)(Irenas, J.)(citing Williams v. Bell Tel. Labs., Inc., 132 N.J. 109, 121 (1993); Coleman v. Newark Morning Ledger Co.......