Reynolds v. International Business Machines Corp., 3:02-CV-950-J-32HTS.

• Decision Date: 26 May 2004
• Docket Number: No. 3:02-CV-950-J-32HTS.,3:02-CV-950-J-32HTS.
• Citation: 320 F.Supp.2d 1290
• Parties: Edwin REYNOLDS, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.
• Court: U.S. District Court — Middle District of Florida

320 F.Supp.2d 1290

Edwin REYNOLDS, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.

No. 3:02-CV-950-J-32HTS.

United States District Court, M.D. Florida. Jacksonville Division.

May 26, 2004.

COPYRIGHT MATERIAL OMITTED

Scott Thomas Fortune, Esq., Kimberly A. Gossett, Esq., Fortune & Gossett, P.A., Jacksonville Beach, FL, for plaintiff.

Mark G. Alexander, Esq., Guy O. Farmer II, Esq., Holland & Knight LLP, Jacksonville, FL, for defendant.

ORDER

CORRIGAN, District Judge.

This case is before the Court on International Business Machines Corporation's ("IBM") Motion for Summary Judgment. (Doc. 47). Edwin Reynolds filed a response, (Doc. 64), and IBM filed a reply. (Doc. 83). The Court heard oral argument on the motion on April 2, 2004. (Doc. 82).

I. Summary Judgment Standard

Summary judgment is proper where "there is no genuine issue as to any material fact" and "the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). "The burden of demonstrating the satisfaction of this standard lies with the movant, who must present pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any that establish the absence of any genuine material, factual dispute." Branche v. Airtran Airways, Inc., 342 F.3d 1248, 1252-53 (11th Cir. 2003) (internal quotations omitted). "The evidence, and all reasonable inferences, must be viewed in the light most favorable to the nonmovant." McCormick v. City of Fort Lauderdale, 333 F.3d 1234, 1243 (11th Cir. 2003).

II. Factual Background

During April of 1999, plaintiff Edwin Reynolds interviewed for a Band 10 Contract Negotiation Executive position with IBM. (Reynolds Dep., Ex. 3).¹ Barbara Doyle, a Professional Development Manager ("PDM") for IBM who interviewed Mr. Reynolds for the Contract Negotiation Executive position, testified that Mr. Reynolds demonstrated his negotiation skill, which was "the biggest part of the job he needed to do." (Doyle Dep. at 20-21).² Additionally, Ms. Doyle testified that she believed that Mr. Reynolds' prior experience was in line with the requirements of the Band 10 Contract Negotiation Executive position, and recommended that IBM hire Mr. Reynolds.³ (Id. at pp. 24-25). Mr. Reynolds began his employment with IBM in mid-May of 1999. (Reynolds Dep. at 103).

Mr. Reynolds was involved with two projects in 1999: Ace and the University of Michigan Health Services Network. On the Ace deal, Mr. Reynolds' only task was to observe. (Id. at 108-09). Stephen Moss, the team leader on the Ace project, testified that Mr. Reynolds did not appear comfortable with the amount of document creation involved in the position, and that Mr. Reynolds was not comfortable with strategy in the information technology area. (Moss Dep. at 76-78).⁴ After observing the Ace contract negotiation, Mr. Reynolds was the lead negotiator on the University of Michigan Health Services Network project. (Reynolds Dep. at 114).⁵ Mr. Reynolds' involvement was at the initial phase of this project,⁶ which was worth, in Mr. Reynolds' estimation, approximately $100 million to IBM. (Id. at 115-16).⁷

On Mr. Reynolds' 1999 Personal Business Commitments evaluation ("PBC"), Mr. Reynolds received a "3", which indicates that he "[a]chieved some/most commitments." (Reynolds 1999 PBC at 5).⁸ There are two levels of performance above a "3": a "2", which indicates the employee "[a]chieved/exceeded commitments," and a "1", which is "extraordinary." (Id.). Additionally, an employee could also receive a "4," which is "[u]nsatisfactory performance." (Id.). Lester Thompson, a Contract Negotiation Executive at the Band 9 level, testified about a rating of "3":

It's not a category that you want to be in. It affects your compensation and it may affect your future assignments, so it's not a category you want to stay in for any consistent period of time, so although it may say satisfactory, it's satisfactory at times.

(Thompson Dep. at 83).⁹ Additionally, Linda Pierce, a PDM with IBM, testified that a "3" was the minimum level of satisfactory performance. (Pierce Dep. at 175).¹⁰ Ms. Pierce also testified, however, that a "3" was a satisfactory rating for a new hire. (Id. at 174).

Mr. Reynolds' 1999 PBC also contained an "Overall Assessment." (Reynolds 1999 PBC at 6). This overall assessment, which was completed by Carol Humphreys, stated:

Ed joined IBM in Mid May and has been focusing on learning the IBM contracting processes and procedures. He brings to IBM extensive Healthcare industry knowledge and experience and should continue to look for ways to transfer his industry expertise to the teams he works with on healthcare related engagements. Ed also has extensive international experience particularly in Latin American [sic] and hopefully he will be given an opportunity to share this experience with the global deal teams. Ed has had limited exposure to major engagements but has been able to demonstrate his knowledge about contracting (from his previous experience). He needs to focus at this point on continuing to learn the basics about IBM processes, procedures and tools so that he can be comfortable with the basic tools, thus freeing him to focus on a strong leadership role in future deals that he will be assigned to work on in 2000. He should focus on developing his outsourcing and technology skills including E-business.

(Id.).

Included in Mr. Reynolds' 1999 PBC was a New Hire Assessment which was also completed by Carol Humphreys, who was Mr. Reynolds' PDM when he started at IBM. (Id. at 5). The New Hire Assessment requires a PDM to answer two questions: whether the employee's "[b]ehaviors demonstrated met or exceeded expectations" and whether the "[s]kills demonstrated met or exceeded expectations." (Id.). On Mr. Reynolds' first New Hire Assessment, dated December 31, 1999, Carol Humphreys answered both questions in the affirmative. (Id.). An IBM created document that explains the New Hire Assessment aspect of the PBC states that "IBM wants to hire and retain employees who are able to meet and exceed performance objectives, demonstrate those skills that were expected when hired, continue to grow skills valued by IBM and the customer, and demonstrate behaviors that reflect their ability to function effectively and productively in the IBM environment." (Humphreys Dep., Ex. 3, 69-70).¹¹

Contemporaneous with the 1999 PBC, Mr. Reynolds completed an Individual Development Plan ("IDP"). (Reynolds Dep., Ex. 19). This document required Mr. Reynolds to list skills that he needed to develop that related to his job as a Band 10 Contract Negotiation Executive. (Id.). The first entry under the "Skills Needed" heading states "[f]acility with computer and document processing tools, my problem is often basic lack of experience and skills in word processing skills." (Id.). Next to this entry Mr. Reynolds indicated that his current skill level was a "2," which is defined as "[v]ery limited experience" and "[l]imited ability to perform." (Id.). Mr. Reynolds also indicated that he would like to increase his performance level to a "4" by January 30, 2000. (Id.). Level "4" means "[r]epeated and successful experience ... [c]an perform without assistance and direct others in performing." (Id.). Mr. Reynolds also provided under the "Skills Needed" section of his IDP "Increase knowledge of IBM offerings and solutions in the Information Technology area. An overall increase in the [sic] my knowledge level as it relates specifically to the Information Technology Industry." (Id.). Mr. Reynolds rated his current skill level in this area as a "1", which is defined as "[n]o experience ... limited knowledge." (Id.). His goal was to get this skill to level "3" or "4" by May 17, 2000.¹² (Id.).¹³

Mr. Reynolds was diagnosed with osteoarthritis in both of his knees during the year 2000, which required him to use a cane to assist his mobility. (Reynolds Aff. at ¶ 26). Mr. Reynolds also could not, during 2000 and 2001, kneel without extreme pain, walk more than 50 to 100 yards without stopping to relieve pain and swelling, or stand for more than ten to fifteen minutes. (Id. at ¶ 29). In March of 2003, Mr. Reynolds had a joint replacement performed on his left knee, and his doctor has informed him that he will probably require the same procedure on the right knee at some point in the future. (Id. at ¶ 6).

During the year 2000, Mr. Reynolds was assigned to a deal IBM was negotiating with Aventis. Sheila Donohue was the first chair on the deal, and Mr. Reynolds was to serve as the second chair. (Donohue Dep. at 129-130).¹⁴ During this deal, Ms. Donohue had to call in another second chair, Louis Levi. (Id. at 130). Ms. Donohue testified that the reason she needed to add an additional second chair was:

... in the situation with this particular customer and this particular law firm that was representing this customer, I needed someone that had some more experience, just to take the burden and pressure off me, someone that I knew. I knew that he didn't know how to, you know, to do documents and things like that. And so I needed somebody — or Ed didn't have a technical background, and so I needed somebody that had some more technical experience, and that's why I got Louis.

(Id. at 135-36). Ms. Donohue instructed Mr. Reynolds to observe certain aspects of the deal and to take notes as a learning experience. (Id.).¹⁵

Mr. Reynolds testified at his deposition that Ms. Donohue gave him feedback during the course of the Aventis deal. (Reynolds Dep. at 137). According to Mr. Reynolds, her feedback was both positive and negative. (Id.). The positive feedback involved Mr. Reynolds' knowledge of the pharmaceutical industry, while the negative feedback involved Mr. Reynolds' document preparation skills. (Id.).¹⁶

Mr. Reynolds received his 2000 PBC in mid-January of 2001.¹⁷ Mr. Reynolds received the same score, a "3", that he received on his 1999 PBC. (Reynolds 2000...