Parsells v. Manhattan Radiology Group L.L.P.
Decision Date | 03 April 2003 |
Docket Number | No. 02-2008-JWL.,02-2008-JWL. |
Citation | 255 F.Supp.2d 1217 |
Parties | Cathy PARSELLS, Plaintiff, v. MANHATTAN RADIOLOGY GROUP, L.L.P., Frank C. Lyons, Michael Sheffield, Gregory J. Welle and William Volkmann, II, Defendants. |
Court | U.S. District Court — District of Kansas |
Deena Hyson Bailey, Martin, Pringle, Oliver, Wallace & Bauer, LLP, Wichita, KS, John D. Conderman, Arthur-Green, LLP, Manhattan, KS, Teresa L. Mah, Terry L. Mann, Martin, Pringle, Oliver, Wallace & Bauer, LLP, Wichita, KS, for Manhattan Radiology Group, L.L.P., Frank C. Lyons, Gregory J. Welle, H. William Volkmann, II, Michael Sheffield.
Michael J. Coffman, Coffman, Jones & Gilliland, Lyndon, KS, Alan V. Johnson, Stephen D. Lanterman, Sloan, Listrom, Eisenbarth, Topeka, KS, for Cathy Parsells.
This suit stems from plaintiffs working relationship with defendants and the termination of that relationship. Specifically, plaintiff, a radiologist formerly affiliated with defendant Manhattan Radiology Group, L.L.P., claims that defendant MRG unlawfully denied her full-time employment based on her gender in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and unlawfully terminated her part-time employment in retaliation for plaintiffs asserting her rights under Title VII. Based on these same assertions, she also seeks to recover under the Kansas Act Against Discrimination, K.S.A. § 44-1001 et seq., against both defendant MRG and the individual defendants, all partners in the radiology group. Finally, plaintiff sets forth two state law claims-a wrongful discharge claim based on plaintiffs alleged whistleblower status and a claim for tortious interference with a prospective business advantage.
This case is presently before the court on defendants' motion for summary judgment (doc. # 78) on each of plaintiffs claims and plaintiffs motion for leave to file a surreply (doc. # 88). As set forth in more detail below, plaintiffs motion for leave to file a surreply is denied and defendants' motion for summary judgment is granted in part and denied in part. In summary, defendants' motion is granted with respect to plaintiffs Title VII claims because defendant MRG is not an "employer" within the meaning of Title VII. The motion is also granted with respect to plaintiffs KAAD claims as to the individual defendants and, in light of the court's conclusion that plaintiff was an independent contractor rather than an employee of MRG, is granted as to plaintiffs claim that her discharge violated the KAAD. Defendants' motion is also granted with respect to plaintiffs claim for punitive damages under the KAAD and damages for pain and suffering in excess of $2000. The motion is further granted to the extent plaintiff purports to assert a claim that defendants failed to offer her a full-time position in retaliation for plaintiffs opposition to alleged discrimination as such claim was not preserved in the pretrial order. The motion, however, is denied with respect to plaintiffs claim that defendants failed to offer her a full-time position based on her gender. Finally, defendants' motion is granted with respect to plaintiffs tortious interference claim. With respect to plaintiffs retaliatory discharge claim, plaintiff is ordered, as explained more fully below, to show cause in writing on or before Monday, April 14, 2003 why this claim should not be dismissed. If she does not respond by that date, her claim will be dismissed. If she does respond, the defendants shall have until April 21, 2003 to reply.
The following facts are either uncontroverted or related in the light most favorable to plaintiff, the nonmoving party. Plaintiff Cathy Parsells is a doctor of osteopathy. Beginning in the summer of 1996, plaintiff served two years as a diagnostic radiologist at the Irwin Army Community Hospital, located in Fort Riley, Kansas. When she arrived at Fort Riley, plaintiff met defendant Dr. Gregory Welle, who at the time was serving as the Chief of Radiology at Irwin Army Hospital. Dr. Welle was discharged from the Army in 1997 and became a full-time physician employee at defendant Manhattan Radiology Group. At that time, defendant MRG was a general partnership comprised of physicians who provide radiology services to primary care physicians, hospitals and other facilities.1 When plaintiff was discharged from the Army in August 1998, she contacted Dr. Welle to inquire as to whether there was any work available for her with MRG. Dr. Welle arranged for plaintiff to meet defendant Dr. Frank Lyons and the three of them discussed the possibility of plaintiff doing some work for MRG. Plaintiff advised Drs. Welle and Lyons that she was only interested in a part-time position, at least until her child started going to school. Shortly after this meeting, plaintiff began doing some parttime work for MRG.2 When plaintiff started working for defendant MRG in 1998, the partners in the group were Dr. Lyons, Dr. Welle, defendant Dr. William Volkmann and defendant Dr. Michael Sheffield.
Plaintiffs primary responsibility while working for MRG was to read and interpret x-ray films. In performing this task, plaintiff traveled to various hospitals in the area for which MRG provided radiological services, including Mercy Health Center, Wamego City Hospital and Onaga Community Hospital. While plaintiff worked in MRG's offices on occasion, the record reflects that she spent most of her time working in one of the area hospitals. For purposes of her work schedule, plaintiff submitted to defendants early on in their working relationship a calendar identifying the weeks that she wanted to work and the weeks that she did not want to work for the years 1999 and 2000. Plaintiff identified nine weeks that she would be available to work during the second-half of 1999 and ten weeks that she would be available to work during 2000. While the record reflects that defendants, in early 2000, were no longer relying on plaintiffs submission, it is uncontroverted that defendants did not schedule plaintiff to work at any time without first seeking her permission. At the end of each month, plaintiff would submit an invoice to MRG stating how many hours she had worked that month. Upon receipt of plaintiffs invoice, defendant MRG issued a paycheck to plaintiff reflecting compensation at the rate of $100 per hour.
During the time that plaintiff worked for MRG, MRG did not pay any Social Security taxes for plaintiff, no taxes were withheld from payments made to plaintiff and MRG reported plaintiffs earnings to the IRS via Forms 1099. Plaintiff paid her taxes as a self-employed person. While working for MRG, she did not receive the job-related fringe benefits that MRG provided to its employees, including sick leave, vacation time and health insurance. Moreover, plaintiff worked on a part-time basis for other radiological practice groups in the area during the time she worked for MRG.
At some point after plaintiff began working for MRG, defendants began to receive complaints about plaintiffs personality, attitude and demeanor from a variety of people with whom plaintiff worked. For example, the CEO at Wamego City Hospital complained to Drs. Welle and Lyons that plaintiff had loud outbursts and, on one occasion, "hollered" into the hallway of the hospital that the hospital was going to be sued because the quality of the films she was reading was so poor. Nonetheless, defendants continued to send plaintiff to Wamego and plaintiff denies that defendants ever talked to her about her behavior at Wamego. Similarly, defendants contend that Onaga Community Hospital requested that MRG cease sending plaintiff there to read x-rays and even threatened to stop doing business with MRG entirely if they continued to send plaintiff to Onaga. The record reflects, however, that defendants continued to send plaintiff to read films at Onaga. Employees at Mercy Health Center also reported to defendants that plaintiff was difficult to work with and had a "short wick." Again, after receiving these reports, defendants continued to send plaintiff to Mercy Health Center.
In November 1999, defendants interviewed Dr. Sandford Kruger for a full-time physician position. During this time frame, according to plaintiff, she had a conversation with Dr. Lyons in which she believes she made it clear that she was interested in full-time employment. Defendants and Dr. Kruger arrived at an agreement in January 2000 and Dr. Kruger commenced his employment with MRG in May 2000. Plaintiff did not learn that defendants had extended an offer to Dr. Kruger until early March 2000. Upon learning this information, she expressed to Dr. Welle and Dr. Lyons that she was upset and disappointed that she had not been offered the position. In April 2000, plaintiff advised Dr. Sheffield that she was upset that she had not been offered the position.
In the summer of 2000, defendants offered a full-time physician position to Dr. Tom Place. Dr. Place had replaced plaintiff as Chief of Radiology at Fort Riley when plaintiff left the Army in 1998. After coming to Fort Riley, Dr. Place began talking to MRG about the possibility of affiliating with MRG upon his discharge from the Army. Dr. Place stayed in touch with MRG throughout his military service and, in June 1999, he formally interviewed with MRG. In the summer of 2000, the details of the agreement were finalized. In early September 2000, plaintiff learned that Dr. Place had been offered a full-time position to begin in September 2001, when Dr. Place's military service was complete. At that time, plaintiff consulted with an attorney and her attorney arranged a meeting with defendants to discuss plaintiffs working relationship with defendants and, according to plaintiff, to discuss plaintiffs belief that she was the victim of gender discrimination. The meeting took place on ...
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