Tandon v. GN Audio USA, Inc.
| Decision Date | 25 January 2021 |
| Docket Number | Case No. 5:19-cv-00212-EJD |
| Parties | RITESH TANDON, Plaintiff, v. GN AUDIO USA, INC., et al., Defendants. |
| Court | U.S. District Court — Northern District of California |
Plaintiff Ritesh Tandon brought this action against his former employer GN Audio USA Inc.'s ("GN") seeking damages relating to his allegedly wrongful termination. See Dkt. No. 1-1 ("Complaint"). Tandon brings causes of action for (1) discrimination, harassment, and retaliation in violation of the Fair Employment and Housing Act ("FEHA"); (2) wrongful termination in violation of public policy; (3) retaliation in violation of California Labor Code § 1102.5; (4) failure to prevent discrimination, harassment, and retaliation in violation of FEHA; (5) intentional infliction of emotional distress ("IIED"); and (6) negligent hiring, supervision and retention.
Before the Court is GN's Motion for Summary Judgment as to all of Tandon's causes of action pursuant to Rule 56 of the Federal Rules of Civil Procedure. Dkt. No. 45 ("Motion"). The Court took the matter under submission for decision without oral argument pursuant to Civil Local Rule 7-1(b). For the reasons below, the Court GRANTS GN's Motion in full.
Defendant GN is a global company specializing in sound technology, manufacturing speakers, headsets, headphones, and other audio and visual communication solutions. Tandon was a Senior Director in GN's Strategic Alliance group, which was responsible for developing close relationships with GN's large, international corporate partners, such as Microsoft, Cisco, Google, Amazon, and Zoom, among others. Dkt. No 45-2, Declaration of Holger Reisinger in Support of GN Audio USA Inc.'s Motion for Summary Judgment ("Reisinger Decl."), ¶¶ 8-9.
When Tandon was first hired in 2011, his job focus was to manage GN's partnership with Cisco, where he had worked for several years prior to joining GN. Declaration of Dipanwita Deb Amar ("Amar Decl.") Ex. A ("Tandon Dep.") 37:14-38:21; see also Declaration of David Copeland ("Copeland Decl.") Ex. A (copy of Tandon's offer letter showing his position as "Director of Strategic Alliances (Cisco)"). He reported to GN's Vice President of Strategic Alliances, Chris Briglin, until Briglin left the company in mid-2015. GN did not replace Briglin, but rather, placed Tandon under the direct supervision of Briglin's supervisor, Holger Reisinger, the Senior Vice President of Office and Large Enterprise Solutions and head of the Strategic Alliance Group. Reisinger Decl. ¶ 11. Tandon alleges that when he began reporting to Reisinger he began to experience a diminishing role, was excluded from meetings and company events, and experienced harassment, discrimination, and retaliation by Reisinger and others.
Around the time that Briglin left in 2015, Tandon was promoted to Senior Director. Reisinger Decl. ¶ 11; Tandon Dep. 53:4-10. Before Briglin departed, he prepared a PowerPoint slide deck for Reisinger detailing his assessment of the Strategic Alliance managers, including Tandon and his colleagues Anders Terp and Travis Dusek. Reisinger Decl. Ex. B. Briglin assessed each employee on a 1-5 scale in certain "core competencies," "contextual skills," and product knowledge. Id. Tandon received the lowest ratings of the three employees overall. Id. He received a 5 (i.e. outstanding) for his "Drive & Commitment to Results," ability to "Think Globally," and "Alliance Development and Management." He received a 2 (i.e., below expectations) in "Effective Communication Skills," "Strategic Thinking," and "Conceptual Thinking." Id.
In September 2015, Reisinger received a complaint from GN's then-Senior Director of Channel and Retail Marketing, Sarah Gray, regarding an unprofessional series of emails that Tandon had sent to members of Gray's marketing team. Copeland Decl. ¶ 14, Exs. E-F. After receiving the message and conferring with two of GN's human resources professionals, Reisinger spoke with Tandon regarding the need to communicate more appropriately with his coworkers. Id. Reisinger also sent an email to Tandon, for his personnel file, documenting the call. Id.
At the end of 2016, Reisinger conducted a performance review of Tandon, and found that he was "outstanding" or "above expectations" in all facets. Dkt. No. 49-1, Declaration of Ritesh Tandon ("Tandon Decl.") Ex. 8. Given this positive review, Tandon received an end of year bonus equivalent to 148% of his annual bonus target.
In November 2017, Reisinger received an email from Calum MacDougall, the Senior Vice President of Marketing, complaining about an "unprofessional and incoherent communication from [Tandon]." Reisinger Decl. Ex. C. Later that day, Reisinger requested assistance from the human resources team in terminating Tandon. Reisinger Decl. Ex. D. On December 15, 2017, Reisinger terminated Tandon for disputed reasons discussed further below.
According to Tandon, Reisinger gave preferential treatment to Tandon's colleague, Anders Terp, a Director in Strategic Alliances. Terp is of Danish descent and during all relevant times was located in Copenhagen, where Reisinger was also located. Reisinger Decl. ¶¶ 11, 29. Tandon alleges that in 2017 he became aware that Reisinger was holding meetings with all the employees who reported directly to him, including Terp. Tandon Dep. 114:11-14. Although Tandon directly reported to Reisinger, he was not invited to these meetings. Tandon Dep. 106:15-108:24. Reisinger also allegedly excluded Tandon from a key business meeting at GN's Global Leadership conference. Tandon Dep. 106:15-108:24, 157:15-158:6. Tandon alleges that he was the only one of Reisinger's "direct reports" that was not invited to that meeting. Id.
Tandon further alleges that although he was the most senior employee in the StrategicAlliances group who reported to Reisinger, Reisinger regularly instructed Terp to run meetings whenever Reisinger was absent, even after Tandon requested the opportunity to run meetings. Tandon Dep. 116:6-118:1. Specifically, Tandon alleges that in 2016 Reisinger asked Terp to run the annual "Enterprise Connect" meeting where the whole Strategic Alliances team discusses the strategy plan for the following year, and asked Terp to participate in drafting the 2017-2019 strategy plan. Id. 117:16-21. Reisinger did not offer Tandon equivalent opportunities for growth or leadership within the group. Id.
Tandon also asserts that his non-Indian colleague, Mauro Caule, received a significant raise in the summer of 2017, while Tandon did not. Tandon Dep. 182:23-185:11, 191:22-192:3. In April 2017, Tandon received a 3% raise which he attributes to a standard cost of living adjustment. Id. 197:6-11. Caule had recently relocated from Italy to Seattle to work more closely with Microsoft. Copeland Decl. ¶ 8. According to David Copeland, GN's Director of Human Resources, Caule received a significant raise to reflect the increased cost of living in the Seattle area. Id. When Caule relocated to Seattle he began reporting directly to Tandon. Because Tandon directly supervised Caule, he was aware of and, in fact, approved the raise that Caule received. Id. ¶ 10, Ex. D.
Other than Reisinger's alleged favoritism of Tandon's non-Indian colleagues, Tandon also discussed in his deposition a few incidents that he believes demonstrate harassment by Reisinger. First, at a GN conference in the Bahamas in February 2017, Tandon approached Reisinger about a business matter and Reisinger suggested that they discuss it in the lazy river where other team members were hanging out. Tandon Dep. 127:18-129:1; 132:11-133:24. Unbeknownst to Reisinger, Tandon suffered from severe claustrophobia and anxiety and experienced an anxiety attack while in the water. Tandon had to be assisted out of the water by a lifeguard, which he testified was a humiliating experience for him. Tandon Dep. 127:18-129:1; 132:11-135:1; Reisinger Decl. ¶ 31. The second incident occurred at a March 2017 work conference where Terp scheduled a team event on a boat, with Reisinger's approval, even though Tandon would not beable to participate due to his claustrophobia. Tandon Dep. 130:16-132:10. Finally, Tandon testified that in November 2017 he had to leave an Amazon conference in Las Vegas to attend to his father, who had accompanied him on the trip and needed emergency medical attention. Tandon Dep. 245:6-247:15. Tandon alleges that Reisinger was upset at him for leaving the conference because the next time he and Reisinger spoke, Reisinger did not engage in small talk and spoke in a harsh tone. Tandon Dep. 248:1-254:9.
Tandon also asserts that he was harassed, discriminated, and retaliated against by Gray and members of the marketing team. It is undisputed that Gray was never a member of the Strategic Alliances team and was never Tandon's supervisor; rather Gray ran the marketing team, which worked alongside Strategic Alliances to facilitate business with corporate clients.
Tandon alleges that from approximately 2011-2015 Gray undermined his work and was openly hostile to him. For example, Gray would ignore Tandon and change her attitude as soon as he entered a room. Tandon Dep. 74:13-24, 77:23-79:5. Tandon alleges that Gray excluded him from meetings related to his alliances and that the marking department, under Gray's direction, purposefully refused to support his projects. Id. 66:7-68:13. He alleges that he asked Gray to invite him to meetings related to his alliances over 25 times, but nothing changed. Id. 74:13-24. Tandon believes that this was because Gray hates Indians. Id. 78:11-25; 175:5-22. He recalled Gray making a comment in 2014 or 2015, which he understood to mean that she hated Indians, though he could not remember exactly what she had said. Id. 78:11-79:17. Tandon reported this comment to Briglin at the time. Id....
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