Robinson v. T-Mobile, 1:08-cv-143.

• Decision Date: 28 September 2009
• Docket Number: No. 1:08-cv-143.,1:08-cv-143.
• Citation: 663 F.Supp.2d 604
• Parties: Rachel ROBINSON, Plaintiff, v. T-MOBILE and T-Mobile, USA, Inc., Defendant.
• Court: U.S. District Court — Eastern District of Tennessee

663 F.Supp.2d 604

Rachel ROBINSON, Plaintiff, v. T-MOBILE and T-Mobile, USA, Inc., Defendant.

No. 1:08-cv-143.

United States District Court, E.D. Tennessee, at Chattanooga.

September 28, 2009.

Frank P. Pinchak, Harry F. Burnette, Douglas S. Hamill, Burnette, Dobson & Pinchak, Chattanooga, TN, for Plaintiff.

Starlette J. Harris, John Y. Elliott, III, Karen M. Smith, Miller & Martin, PLLC, Chattanooga, TN, for Defendant.

MEMORANDUM

R. ALLAN EDGAR, District Judge.

This action comes before the court on the motion for summary judgment filed by Defendant T-Mobile, USA, Inc. ("T-Mobile"). [Court Doc. No. 49]. Plaintiff Rachel Robinson brings claims against her former employer, Defendant T-Mobile, for alleged violations of the Family Medical Leave Act, 29 U.S.C. §§ 2601 et seq. ("FMLA"). Plaintiff claims that T-Mobile interfered with her rights pursuant to the FMLA and alleges that the company retaliated against her for taking FMLA leave by discharging her. Plaintiff also brings a claim for violation of the Tennessee Disability Act ("THA"), Tenn.Code Ann. §§ 8-50-103 et seq. T-Mobile moves for summary judgment dismissal of all of Plaintiff's claims. [Court Doc. No. 49]. Plaintiff opposes the motion for summary judgment. [Court Doc. No. 53]. The court has reviewed the record, the arguments of the parties, and the relevant statutory provisions, regulations, and caselaw. Based on this analysis, the court has determined that it will DENY the motion in part and GRANT the motion in part.

I. Background

Viewing the events in the light most favorable to the Plaintiff, the court finds the following relevant facts. Plaintiff Robinson worked at T-Mobile from February 27, 2006 until February 27, 2008. [Court Doc. No. 1, Complaint, ¶ 5]. She began working in the position of Customer Service Representative ("CSR"). [Court Doc. Nos. 49-1, 53-1, Deposition of Rachel Robinson ("Robinson Dep."), p. 111]. Following a few months in that position, T-Mobile promoted Plaintiff to the position of Senior Representative. Id. at 111-12.

The record demonstrates that Plaintiff took FMLA leave sometime in early 2007 due to complications with her pregnancy. Robinson Dep., p. 116. Following her return from pregnancy leave, T-Mobile again promoted Ms. Robinson, this time to the position of Coach. Id. at 120. According to Plaintiff's manager, Steven Bechard, "Coaches are responsible for coaching, monitoring, leading, training and motivating" CSRs. [Court Doc. No. 49-4, Affidavit of Steven Bechard ("Bechard Aff."), ¶ 3]. Plaintiff began this position on August 26 2007. Id. at 121. As Mr. Bechard explained in his affidavit:

Following a coaching session, Coaches are required to prepare a report of the session and enter this information in Performance Management (PM). PM is an electronic database into which supervisors (including Coaches) enter references of verbal counselings, coachings, written disciplinary action, and the like. The purpose of the report is to make sure there is a record of what the CSR is doing well, what the CSR is doing poorly, and a way to make improvements on the things that the CSR is not doing well. If there is no report, there is no way for the Company to know whether a CSR's poor performance is the CSR's fault or the coach's fault.

Bechard Aff., ¶ 4.

In the position of Coach, Plaintiff was expected to provide "coachings" to CSRs on a weekly basis. Id. at 124. Plaintiff testified that "[t]hat's how it was supposed to be, but it was mandatory that a lot of those coachings were canceled due to call volume." Id. If a coaching was canceled, Plaintiff understood that T-Mobile expected her to do an "ad hoc coaching" "if the time is available." Id. However, Plaintiff also indicated that "[i]t may be limited as to how quickly you can get that worked in" based on the time available and the call volume. Id. at 125. Plaintiff further understood that she was expected to create a written record summarizing her "coaching" sessions. Id. She testified that she had not been able to attend a "Coach University," a one week workshop of dedicated training for Coaches, due to her lack of time in the position. She also testified that although she met with her team manager regarding the expectations of her position, she:

didn't get very much development from my team manager and he often canceled our one-on-ones. So, you know, I tried to seek out feedback to get further information on how to, you know, be productive at my job, but I was a little bit lost at exactly all of the ins and outs of being the coach.

Id. at 127-29. Plaintiff did understand that T-Mobile expected her to provide written feedback regarding her "coachings" within forty-eight hours. Id. at 139. CSRs were generally taken "off the clock" for their coachings. Id. at 141.

In early 2008, Plaintiff needed additional FMLA leave related to the care of her mother due to her mother's serious health condition. Robinson Dep., p. 141. Plaintiff's mother had a history of serious health problems, including two prior brain aneurysms, a brain tumor, and partial paralysis. Id. at 142. In January of 2008, Plaintiff's mother began slurring her words, and doctors located a mass in her brain. Id. at 143.

Plaintiff requested intermittent leave around January 4, 2008. Id. at 142, 145. Plaintiff's manager, Steven Bechard, granted Plaintiff's request for leave, telling her, "[y]ou just be here when you can and do what you can do." Id. at 145, 147. She agrees that she was on a "really friendly basis" with her manager at that time as long as she agreed to "do a lot of work," including working from the hospital and from home while caring for her mother. Id. She indicated in her deposition that:

I decided to take the intermittent leave because I talked to Steven and I told him my situation and he really identified with me and told me, you know, I understand where you're coming from, but it's going to be hard for me to do this on my own because we're short-staffed.

And so I out of loyalty to the company decided that I would take intermittent leave so that I could try to balance both and still do my work and he promised to help me.... He said don't worry about your observations and your coachings so much this month. He's like I'm going to help you. Our whole core group is going to help you get that done. You just be here when you can and do what you can do and I agreed to take the intermittent leave.

Id. at 146-47; see also, pp. 206-07. Mr. Bechard encouraged Plaintiff to take only intermittent leave due to her work responsibilities, and he questioned the severity of her mother's illness. Id. at 206-07, 211. Plaintiff's intermittent leave ended on January 22, 2008. Id. at 149.

Plaintiff submitted an additional request for FMLA leave on February 12, 2008, and T-Mobile granted her request for more leave so that she could help her mother at home following her release from the Intensive Care Unit. Id. at 150, 152. Plaintiff sought a complete leave of absence from February 13, 2008 until February 23, 2008, which T-Mobile approved. Id. at 149-52. She returned to work on Sunday, February 24, 2008.

On the date that Plaintiff returned from leave, Plaintiff testified to the following initial response from her manager, Mr. Bechard: "On the 24th we got there bright and early. It was a new shift and we were there like 5:30 in the morning. And he was like hey, I'm glad to have you back. This is going to be a great team. We're going to do real good." Robinson Dep., p. 155. Then Plaintiff attended a team meeting with Mr. Bechard where he praised her coaching skills to her entire new team, calling her a "great coach." Id. at 156. Following the team meeting, Mr. Bechard informed Plaintiff that he was glad that "your mom is getting better and this leave is behind you." Id. at 156. Plaintiff described the following exchange between Mr. Bechard and her that transpired after the team meeting on February 24th:

And I said, well, that's something I would like to talk to you about. I was like, you know, I thought my mom was going to be able to come home and be able to start getting better, but it doesn't look like that way. It looks like she's going to need more intensive care. And, as a matter of fact, I'm going to have to take additional FMLA. And I told him, I said, I hate to do this to you, especially with us getting a brand new team, but I have no other choice. I'm my mom's only caregiver. And, I mean, we went to a room together, and I was crying, I was upset, you know, about my mom.

And he was like, well, Rachel, this is— this is when he completely changed as, you know, somebody I looked at as a peer and a friend. He, you know, told me there has to be a line where you choose your personal life against your professional life and this is it.

And, you know, I said I don't know what to do because I have to take this leave. There's nobody else to care for my mom.... But on that conversation, it was on the 24th, he said, Rachel, you really need to decide between your personal and professional life. You've got to draw a line.

Robinson Dep., p. 156-57. During that conversation Mr. Bechard also mentioned that "it had been really hard on him while [Plaintiff] was out, that it was killing him to do two jobs." Id. at 203-04.

On February 25, 2008 Mr. Bechard began asking Plaintiff questions about her records of coachings during her intermittent leave period. Robinson Dep., p. 158. Plaintiff describes the exchange she had with Mr. Bechard during a meeting on the 25th:

And so I went to meet with him and he said, Rachel—you know, it was a lot more formal. He completely changed tones. And he was like, Rachel, as you know, part of your job is to accurately document coachings and call monitors. He said and I'm looking through the records and I'm not showing that that's been done during January and February. He said during January and February it looks like your performance has declined.

And I said, well, Steven, you know that...