Thompson v. John L. Williams Co., Inc.

• Decision Date: 09 May 1988
• Docket Number: Civ. A. No. 86-96-VAL (WDO).
• Citation: 686 F. Supp. 315
• Parties: Shirley THOMPSON, Plaintiff, v. JOHN L. WILLIAMS COMPANY, INC., et al., Defendants.
• Court: U.S. District Court — Middle District of Georgia

686 F. Supp. 315

Shirley THOMPSON, Plaintiff, v. JOHN L. WILLIAMS COMPANY, INC., et al., Defendants.

Civ. A. No. 86-96-VAL (WDO).

United States District Court, M.D. Georgia, Valdosta Division.

May 9, 1988.

Craig Alan Webster, Tifton, Ga., for plaintiff.

Howard E. McClain, Adel, Ga., for defendants.

ORDER

OWENS, Chief Judge.

Plaintiff Shirley Thompson brought this action against the defendants, John L. Williams d/b/a Williams Properties and Mike Williams, alleging that they have violated her rights under Title VII of the Civil Rights Act of 1964. Plaintiff further alleges that defendants have violated the Equal Pay Act, 29 U.S.C. § 206. Finally, plaintiff makes a pendent state law claim for damages resulting from the intentional infliction of emotional distress. The parties requested a non-jury trial, and this court conducted such a trial on March 3, 1988, in the United States District Court for the Middle District of Georgia, Valdosta Division. Having considered the evidence presented at trial and the arguments of the parties, this court now enters this memorandum opinion pursuant to Rule 52 of the Federal Rules of Civil Procedure.

Findings of Fact

1. Mike Williams is the sole owner of and does business as Williams Foods. Mike Williams d/b/a Williams Food is, and was at the time relevant to this lawsuit, the operator of a twenty-four-hour-a-day restaurant known as Adel Truck Plaza. Mike Williams leases the building within which the restaurant is housed from his father, John L. Williams, who does business as John L. Williams Properties. See Deposition of Mike Williams ("Williams Deposition"), pp. 2-4; see also Attached Exhibit to Defendant's Response to Plaintiff's Request for Production of Documents ("Lease").

In the years 1984 and 1985, John L. Williams was the owner of at least two organizations, John L. Williams Company and John L. Williams Properties. See Deposition of John L. Williams ("John Williams Deposition"), pp. 6-7. In the year 1985, when Mike Williams leased the Adel Truck Plaza from John L. Williams Properties, the building and the employees therein were insured through a policy issued to John L. Williams Properties. Id. at p. 14. As late as August of 1985, in an action before the State of Georgia Board of Worker's Compensation involving plaintiff's counsel and a claimant other than Mrs. Thompson, it was "stipulated and agreed that on or about August 12, 1985, Employee/Claimant was employed by Employer John L. Williams Properties, Inc., d/b/a Adel Truck Plaza...." See Letter dated February 16, 1987, from Craig A. Webster, with attached Exhibit. The lease agreement between Mike Williams and John L. Williams Properties clearly evidences an arrangement tying the operation of the restaurant to other properties and businesses owned by the lessor. See Lease. Both Mike Williams and John L. Williams refused in their depositions to explain fully the nature of the relationship between the various properties and enterprises. See generally, Williams Deposition and John Williams Deposition.

Because of the defendants' interrelated businesses, plaintiff erroneously brought her initial action against John L. Williams Company. As the adversarial process progressed, plaintiff twice amended her complaint to name as defendants John L. Williams Properties and Mike Williams. See Plaintiff's Complaint; Plaintiff's Addition of Additional Party, Docket No. 5; Plaintiff's Amended Complaint, Docket No. 13. This court finds that defendant Mike Williams, as owner of Williams Foods and as operator of Adel Truck Plaza, was plaintiff's employer and is the proper party in this action.

2. Prior to Mike Williams, Lamar Baldree was one of the lessees of Adel Truck Plaza. John Williams Deposition, p. 10. During that time Mr. Baldree had alcohol abuse problems. The alcohol related problems, as well as other unidentified problems, led to a collapse of the restaurant business. Eventually, the Internal Revenue Service levied on the Adel Truck Plaza. See Williams Deposition, pp. 47-50.

3. When Mike Williams assumed control of Adel Truck Plaza in August of 1984, plaintiff Shirley Thompson, a white female, was employed in the restaurant as a waitress. Id. at p. 4.

4. On or about February 14, 1985, Mike Williams promoted plaintiff to co-manager of the restaurant. Id. at pp. 76-77;¹ Deposition of Shirley Thompson ("Thompson Deposition"), p. 5. Plaintiff earned one hundred eighty-five dollars ("$185.00") per week for the first two bi-monthly pay periods in her new position as manager. Beginning with the pay period ending on March 25, 1985, and continuing until the pay period ending June 5, 1985, plaintiff Shirley Thompson earned two hundred dollars ("$200.00") per week. Beginning with the pay period ending on June 19, 1985, and continuing until plaintiff earned her last check from Williams Foods on October 23, 1985, plaintiff earned two hundred twenty-five dollars ("$225.00") per week. See Plaintiff's Exhibit 4 (paycheck stubs for Williams Foods).

5. Plaintiff's duties included scheduling work shifts for the employees, operating the restaurant, purchasing food for the restaurant and computing the payroll. Thompson Deposition, pp. 5-9. Plaintiff worked long hours at the restaurant; she was on call and solely responsible for the operation of the restaurant twenty-four hours a day until Lamar Baldree was hired as co-manager on or about August 16, 1985. See Trial Transcript, pp. ___.

6. Mike Williams hired Lamar Baldree as co-manager with plaintiff in August of 1985. He paid Mr. Baldree three hundred dollars ("$300.00") per week. Though Mike Williams indicated that Mr. Baldree's higher salary was justified in light of certain responsibilities that he purportedly assumed in regards to both a truck wash on the Adel Truck Plaza premises and a tape business owned by Mike Williams, this court specifically finds both that Mr. Baldree had little, if anything, to do with these other operations and that plaintiff and Mr. Baldree had essentially the same duties as co-managers of the restaurant. This finding is supported by testimony at trial clearly indicating that plaintiff and Mr. Baldree alternated shifts on the premises and that while on duty each co-manager had substantially equivalent duties and responsibilities. See Trial Transcript, pp. ___; see also Williams Deposition, pp. 7-11.

7. Lamar Baldree gradually assumed a "superior" status in the managerial relationship. He prepared the schedule which dictated the shifts and hours that plaintiff was required to work. Baldree also assumed control of the purchasing of food for the restaurant. See Thompson Deposition, pp. 17-22.

8. Plaintiff Shirley Thompson is married and she has two children, twins who were approximately ten (10) years of age at the time relevant to this lawsuit. Her responsibilities at the restaurant resulted in certain conflicts with her responsibilities at home. Plaintiff desired to spend some time at home with her children, but her obligations at the restaurant made this desire an increasingly difficult task. Id. at pp. 17-18; see Williams Deposition, pp. 23-26; Trial Transcript, pp. ___-___.

9. Plaintiff discussed the conflict between job and family with Mike Williams, who insisted that as co-manager plaintiff must work the hours as scheduled. However, Mike Williams gave her the option of returning to her past job as a waitress. As a waitress, plaintiff could work the morning shift, which runs from approximately 7:00 a.m. to 3:00 p.m. This return to waitress status would have been accompanied by a reduction in pay. See Williams Deposition, pp. 22-26; Trial Transcript, pp. ___ -___.

10. Plaintiff elected to quit her job in October of 1985, primarily to attend to the demands of her family. Plaintiff was not discharged, either expressly or constructively. See Thompson Deposition, p. 26; Trial Transcript, pp. ___.

11. Plaintiff filed a complaint with the Equal Employment Opportunity Commission ("EEOC") alleging that she had been a victim of sex discrimination. Having decided that there was no reasonable cause to believe plaintiff's charge, the EEOC issued to plaintiff on August 28, 1986, a notice of her right to sue. Plaintiff received this notice on September 10, 1986. Plaintiff filed the instant complaint on December 9, 1986, within the prescribed ninety ("90") days allowed for such a suit. See Plaintiff's Amended Complaint, Docket No. 13; see also Plaintiff's Original Complaint.

Conclusions of Law

1. This court has jurisdiction over plaintiff's claims of sex discrimination pursuant to Section 703(h) of Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e-2(h), and the Equal Pay Act, 29 U.S.C. § 206(d)(1). This court has jurisdiction over plaintiff's claim of intentional infliction of emotional distress pursuant to the doctrine of pendent jurisdiction. See generally Wright, Miller & Cooper, Federal Practice and Procedure: Jurisdiction 2d § 3567.1.

2. Plaintiff has satisfied the jurisdictional prerequisites to judicial action under Title VII by filing a timely charge of employment discrimination with the EEOC and by receiving and acting upon the EEOC's notice of right to sue. See 42 U.S.C. §§ 2000e-5(e) and 2000e-5(f)(1).

3. In her initial complaint, plaintiff named as defendant the John L. Williams Company, Inc. Subsequent to the prescribed ninety (90) day limitations period, plaintiff twice amended her complaint to name as defendants John L. Williams d/b/a Williams Properties and Mike Williams. Rule 15 of the Federal Rules of Civil Procedure governs amendments to pleadings. Rule 15(c) states as follows:

(c) Relation Back of Amendments. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted

...