Owen v. Town & Country Fed. Credit Union

• Docket Number: BCD-CV-2021-00008
• Decision Date: 27 April 2023
• Parties: JENNIFER OWEN, Plaintiff, v. TOWN & COUNTRY FEDERAL CREDIT UNION, Defendant.
• Court: Maine Superior Court

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JENNIFER OWEN, Plaintiff, v. TOWN & COUNTRY FEDERAL CREDIT UNION, Defendant.

No. BCD-CV-2021-00008

Superior Court of Maine, Cumberland

April 27, 2023

PlaintiffGuy Loranger, Esq.

DefendantPeter Hale, Esq.Pierce Atwood

ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Michael Duddy Judge, Business and Consumercourt

It is often said that timing is everything, and while the maxim may be an overstatement in the context of an employment discrimination dispute, this case demonstrates that timing can nevertheless be a very effective basis for an alleged victim of employment discrimination to overcome summary judgment.

On September 2, 2020, PlaintiffJennifer Owen("Owen") filed a two-count complaint against Defendant Town and Country Credit Union ("TCFCU") for employment discrimination under the Maine Human Rights Act(hereinafter abbreviated to "MHRA").In Count I, Owen alleges that TCFCU violated the MHRA when it fired her because of her history of cancer and the perceived recurrence of cancer after learning she had a potentially cancerous skin growth.Count II alleges TCFCU retaliated against Owen by terminating her for engaging in a protected activity of requesting time off to go to a medical appointment related to her medical disability.TCFCU filed an answer with affirmative defenses on November 13, 2020.

TCFCU applied to have this action transferred to the Business and Consumer Court on December 30, 2020.The transfer was accepted on February 2, 2021(Duddy, J.).

After discovery, TCFCU filed a Motion for Summary Judgment on November 7, 2022.Owen filed her Opposition on December 6, 2022.Due to a service issue, TCFCU's reply date was extended, and on March 7, 2023, TCFCU timely filed its Supplemental Reply in Support of its Motion.On April 26, 2023, the court held oral argument.After careful review of the cited record and arguments, for the reasons enumerated below the Court DENIES the Motion in full.

Standard of Review

Courts will grant motions for summary judgment when no genuine issue of material facts exists and either party is entitled to judgment as a matter of law.Gagnon's Hardware &Furniture v. Michaud,1998 ME 265, ¶ 5, 721 A.2d 193, 194;M.R. Civ. P. 56(c).A fact is material when it may change the outcome of the case and "a genuine issue exists when sufficient evidence supports a factual contest to require a fact finder to choose between competing versions of the truth at trial."Burdzel v. Sobus,2000 ME 84, ¶ 6, 750 A.2d 573, 575.When determining whether to rule on motions for summary judgment, courts may only consider the portions of the record referred to, and the material facts set forth in the [statement of material facts]."Osgood v. C. U YorkIns. Co., No. CV-04-568, 2006 Me. Super. LEXIS, at *6(June 5, 2006)(citingCorey v. Norman, Hanson & Detroy,1999 ME 196, ¶ 8, 742 A.2d 933, 938).Finally, the court gives the party opposing a summary judgment the benefit of any inferences that might reasonably be drawn from the facts presented.Curtis v. Porter,2001 ME 158, ¶ 9, 784 A.2d 18, 22.However, courts may disregard facts that do not conform with the rules of civil procedure.SeeStanley v. Hancock County Commissioners,2004 ME 157, ¶¶ 27-29, 864 A.2d 169;Osgood,2006 Me. Super. LEXIS, at *6(June 5, 2006)(disregarding facts that "almost completely disregarded the real issues raised by the applicable law and either squabble over unimportant or immaterial fact.These types of statements of fact will not be considered.").

FACTS

The court finds the following facts for the limited purpose of deciding the present motion for summary judgment.

Background

TCFCU is a member-owned, not-for-profit Maine financial cooperative which has operated six (6) branches in Maine from 2012 until present and has an Operations Center (the "Operations Center") in Scarborough, Maine.(Supp. 'gS.M.F ¶ 1.)Owen began working for TCFCU in 2012 and was employed at TCFCU until October 25, 2018.(Supp.'gS.M.F. ¶ 2.)Owen was employed as a Members Service Representative 2 ("MSR 2") at TCFCU's Scarborough Branch, which is separate from the Operations Center, at the time of her termination.(Supp.'gS.M.F. ¶ 2.)Betsy St. Pierre("St. Pierre") is presently TCFCU's Human Resources Manager and has held this position since April 2017.(Supp.'gS.M.F. ¶ 3.)Heather Savage, now known as Heather Therrein but hereinafter referred to as Savage for clarity, was a Consumer Loan Manager at TCFCU in 2018.(Supp.'gS.M.F. ¶ 4.)In the fall of 2018, both St. Pierre and Savage worked at the Operations Center.(Supp.'gS.M.F. ¶¶ 3-4.)Karina Rosewell("Rosewell") was the TCFCU branch manager at the Scarborough Branch and worked directly with Owen in October 2018.(Supp.'gS.M.F. ¶ 5.)St. Pierre kept in touch with managers, including Rosewell, on employee issues.(Opp. S.M.F. ¶ 23.)

Owen's History of Cancer

In July 2013, Owen was diagnosed with breast cancer (invasive ductal carcinoma).(Supp.'gS.M.F. ¶ 6;Opp. S.M.F. ¶ 6.)Between August and December 2013, Plaintiff received treatment for her cancer, which included a sequence of chemotherapy, surgery, and then, as a precaution, radiation.(Supp.'gS.M.F. ¶ 8;Opp. S.M.F. ¶ 8.)Following her surgery in November 2013 and completing radiation, Owen entered remission and has not had any cancer recurrences.(Supp.'gS.M.F. ¶ 9 Opp. S.M.F. ¶ 9.)However, while in remission, Owen continued to receive hormone therapy, and attends yearly checkups where she has mammograms.(Opp. S.M.F. ¶ 9.)

Prior to becoming Owen's manager, Rosewell had participated in the "Tri for a Cure" on Owen's behalf.(Supp.'gS.M.F. ¶ 18.)

Owen's Employment History with TCFCU

Owen was hired by TCFCU in April 2012 as a teller.(Opp. S.M.F ¶ 4.)She was promoted to "Teller 2" within a year and was later promoted to Assistant Branch Manager in 2015.(Opp. S.M.F. ¶¶ 5, 10, 11.)In 2016, while serving as an Assistant Branch Manager, Owen received an overall rating of 3.31 out of 5 and "competent" in the area of member focus on an evaluation.(Opp. S.M.F. ¶ 11).The ranking of "competent" in member focus on the evaluation is rating 3 of 5 and defined as "[f]ollows through in meeting member needs.Demonstrates positive professional behavior in interactions with members and internal customer."(Opp. S.M.F. ¶ 12.)

In May of 2017, Owen transferred to the South Portland Branch as an Assistant Branch Manager and worked under Sara Thiele, who was her direct supervisor at the time.(Opp. S.M.F. ¶ 13;Supp.'gS.M.F. ¶ 11.)In Owen's 2017 evaluation, St. Pierre rated Owenat 3.17 and "competent".(Opp. S.M.F. ¶ 14.)Towards the end of 2017, Owen talked to St. Pierre and asked to step down from the Assistant Branch Manager position to a Teller role due to stress.(Opp. S.M.F. ¶¶ 15-16, 17.)Owen was moved into the MSR 2 position in early 2018. Opp. S.M.F. ¶ 19.)As a MSR 2, Owen's job duties included: explaining services to TCFCU members and potential members, managing and completing members' loan applications, and directing members to other staff specialists as needed.(Supp.'gS.M.F. ¶ 12;Opp. S.M.F. ¶ 27.)

On February 21, 2018, while employed as a MSR 2 at the South Portland Branch, Owen was issued a written Employee Warning Notice (the "February 2018 Warning") that stated that she had unsatisfactory work quality and had engaged in carelessness.(Supp.'gS.M.F. ¶¶ 11,13.)Further, the February 2018 Warning said that that if these types of incidents should occur again, it could result in termination.(Supp.'gS.M.F. ¶ 13.)Savage was the drafter of the February 2018 Warning.(Supp.'gS.M.F. ¶ 13.)After being delivered the February 2018 Warning, Owen checked the box "I Agree with Employer's Statement" and signed the warning notice without contesting, challenging or disputing any aspect of the warning notice.(Supp.'gS.M.F. ¶ 14.)

On February 28, 2018, after Owen was issued the warning, St. Pierre and Savage drafted a Performance Coaching Worksheet for Owen to review with her when they met with her to discuss her work performance and additional subsequent issues.(Supp.'gS.M.F. ¶ 15.)The Performance Coaching Worksheet noted the issues cited in the February 2018 Warning, as well as Plaintiffs subsequent poor judgment in telling coworkers and a TCFCU member that she thought she was going to be fired in a week related to her poor performance, which both St. Pierre and Savage found unprofessional and inappropriate.(Supp.'gS.M.F. ¶ 16.)

In August 2018, Owen laterally transferred to the Scarborough Branch where she continued to be employed as a MSR 2.(Supp.'gS.M.F. ¶ 17;Opp. S.M.F. ¶ 24.)As a result of Owen's transfer to the Scarborough Branch, Rosewell became her manager.(Supp.'gS.M.F. ¶ 17.)Rosewell and Owen got along very well.(Supp.'gS.M.F. ¶ 18.)

The Scarborough Branch did not have an assistant branch manager at the time of Owen's transfer, but Rosewell planned to continue without an assistant branch manager and Owen was not transferred to fill the managerial position.(Opp. S.M.F. ¶¶ 25-26.)Despite not having an assistant branch manager, Rosewell left the office on multiple occasions while Owen was on shift.(Opp. S.M.F. ¶ 28.)

After transferring to the Scarborough Branch, Owen met a couple times with Rosewell to discuss expectations and Owen frequently initiated meetings with Rosewell to discuss her ongoing work.(Opp. S.M.F. ¶¶ 38-29.)Rosewell frequently told Owen that she was making satisfactory progress (Opp. S.M.F. ¶ 41.)While working at the Scarborough Branch, some of the loans Owen worked on were complex and she had little training on such loans.(Opp S.M.F. ¶¶ 29, 31.)Owen spoke to Rosewell about the need for additional training for complex loans.(Opp. S.M.F....