Weed v. Spraying Sys., Co.
| Decision Date | 05 July 2022 |
| Docket Number | 20-cv-731-PB,2022 DNH 077 |
| Parties | Donald Weed v. Spraying Systems, Co. |
| Court | U.S. District Court — District of New Hampshire |
Donald Weed has brought a slew of claims against his former employer, Spraying Systems. Weed alleges, among other things that he was illegally discriminated against and retaliated against by a supervisor after a medical condition sidelined him for a short period. He now insists that Spraying Systems is liable for that supervisor's behavior under state and federal antidiscrimination law, federal medical leave protections, and common law wrongful discharge. Spraying Systems seeks summary judgment on each count. But the record before me - seen in the light most hospitable to Weed - cannot bear that result. Weed's claims hinge on factual disputes that a reasonable jury could settle in his favor. That being so, I deny Spraying Systems's motion.
I.BACKGROUND[1]
Weed began working for Spraying Systems, a manufacturer of industrial spray nozzles, as a contractor in June 2014. He became a full-time employee in May 2015. Weed started as a Machinist, but after developing a rash attributed to chemicals he worked with, he transitioned into a Receiving and Weld Inspector position. In this position, Weed generally supported other departments. Eventually, Weed came to be supervised by Joe Ruelas. Ruelas, whose tenure at Spraying Systems spanned four decades, was Vice President of Operations and the second-highest ranking manager in New Hampshire. Weed's department lacked an intermediate supervisor, so Ruelas, despite his seniority, directly managed Weed.
Not long after Ruelas arrived in New Hampshire, he began expressing seemingly inexplicable frustrations with Weed. The first major incident occurred when Weed, suffering from carbon monoxide poisoning - caused by an issue with his car rather than his work at Spraying Systems - informed Ruelas that he needed to go to the hospital. In response, Ruelas “flipped out on [Weed].” See Weed Dep., Doc. No 31-2, 18. He slammed his fist on the desk and yelled “what the fuck . . . I need you here.” Id. at 34. Weed later testified that he was so frightened and intimidated that he decided against seeking treatment. Id.
In January 2019, Ruelas approached Weed and reprimanded him for not wearing his safety goggles. Ruelas got in Weed's face and again proceeded to “yell[] and scream[]” at him. Id. at 47; Weed Aff., Doc. No. 31-5, ¶¶ 16-17. Ruelas then walked a short distance away and continued to “laugh[] and point[]” at Weed with another employee. Weed Aff., Doc. No. 31-5, ¶ 16. Weed felt “embarrassed and ashamed” and left work early. Id. ¶ 17. Humiliated, Weed sat in his car and sobbed. Id.
One month later, in February 2019, Weed began experiencing pain in his groin and learned he had a hernia. Id. ¶ 19. Weed scheduled surgery for the end of March and submitted paperwork to Spraying Systems so he could take leave under the Family and Medical Leave Act. Id. ¶ 20. Weed expected to return by the end of April, but he developed a hydrocele (swelling caused by fluid collecting) in one of his testicles, leading to excruciating pain. See Id. ¶ 21-22. These complications pushed Weed's return to May 13. Id. Weed's doctor recommended a two-week, twenty-pound lifting limit upon his return. See Doctor's Note, Doc. No. 27-25. But he continued to experience pain, especially when using the bathroom, until at least August 2019. Weed Aff., Doc. No. 31-5, ¶ 23.
While Weed was out, Ruelas checked in with him via text message. Ruelas was friendly - if not a bit morbid - asking Weed, “how are you feeling?” and joking that, if Weed didn't answer, “I will assume you died.” See Ruelas-Weed Texts, Doc. No. 27-27. Weed wrote back that he was “fine” but that he “can't walk around much,” to which Ruelas responded, Id.
The day he returned to work, Weed “peeked [his] head into [Ruelas's] office” and said, “hey.” See Weed Dep., Doc. No. 31-2, 36. Ruelas told Weed to sit down “and immediately started yelling,” demanding to know why Weed “was out for so long” and “at least ten times,” telling him that “he could kick [his] ass.” Id. Weed “started panicking” and said something to the effect of “I don't think you'll do that.” Id. at 37. Ruelas then threatened to “grab [Weed] by [his] swollen testicle, squeeze it, and kick [his] ass.” Id. In his deposition, Weed speculated that Ruelas was attempting to goad him into responding in kind. Id. at 38-39. Ruelas also told Weed that while he was on leave, his replacement handled all their work just fine and urged him to quit. See Weed Aff., Doc. No. 31-5, ¶ 24. Weed was upset and scared and reported Ruelas's behavior to both Jodi Tracy, a Manufacturing Manager, and Scot Lightizer, the Center Leader. See id. ¶ 26; Weed Dep., Doc. No. 31-2, 36. Tracy encouraged Weed to document Ruelas's behavior. See Weed Aff., Doc. No. 31-5, ¶ 26; see also Weed Timeline, Doc. No. 31-13.
At some point in the next month or so, Weed was again berated by Ruelas. Another employee had suggested that employees wear hardhats on the manufacturing floor. See Tracy Dep., Doc. No. 31-4, 32-39; Weed Aff., Doc. No. 31-5, ¶ 27. Weed had previously brought up the hardhat issue in a meeting with Ruelas, among others. Id. 38-39. Later, after receiving the email about the new rules, Ruelas approached Weed and “scream[ed] in [his] face, and stated that he did not want his wife, who also worked at [Spraying Systems], to be required to wear a hardhat.” Weed Aff., Doc. No. 31-5, ¶ 27. Weed told Tracy about this incident, too, but she, again, did not escalate his concerns. See Tracy Dep., Doc. No. 31-4, 38-39.
In late June, Ruelas once more harangued Weed. This time, Weed had complained about weld inspection chemical fumes not being adequately ventilated. See Weed Dep., Doc. No. 31-2, 50-51. Weed first discussed the issue with Lightizer, who suggested he “design something” to alleviate the problem. See id. at 50. Weed determined that the best route was to build a chimney to vent the fumes. See id. at 51. When he ran this idea past Ruelas, he became “extremely agitated,” moving “within a foot” from Weed, balling his fists, sticking out his chest, and yelling. See id. Weed could not recall precisely what Ruelas said, but he testified that Ruelas “said the word ‘fucking' so many times.” See id. Eventually, Ruelas walked away. Weed testified that three employees were present for this incident. See id. at 52. He named one of the employees but could not recall the two others. Id. at 51-52. Weed was too upset to go to work the next day. Id. at 55.
The final incident came a few days later, on June 26, when Weed noticed that employees were using unrated chrome sockets with a one-half-inch impact gun. See id. at 56. Weed understood that unrated sockets could splinter and cause severe damage, so he reached out to the chairperson of the safety committee, who agreed with Weed. See id. at 59; Weed Aff., Doc. No. 31-2, ¶ 30; Tracy Dep., Doc. No. 31-4, 33; Czaja Email, Doc. No. 31-17, 2. Weed was concerned that Ruelas might again react negatively to his safety concerns. Weed Aff., Doc. No. 31-5, ¶ 30. To protect himself, he asked that his report be kept anonymous. Id. Still, Weed was quickly confronted by an irate Ruelas, who had agreed to order replacement sockets. See Weed Dep., 27-3, 26. Ruelas approached Weed while he was working with another employee, Ray Raymond. He started yelling, “Fucking sockets, are you kidding me!?” See Weed Aff., Doc. No. 31-5, ¶ 31; Weed Dep., Doc. No. 31-2, 57. He continued, “You are fucking crazy!” and exclaimed that he “needed to punch something.” See Weed Dep., Doc. No. 31-2, 57-58; see also Weed Aff., Doc. No. 31-5, ¶ 31. Ruelas continued to ball up his fists and glare at Weed. See Weed Dep., Doc. No. 31-2, 58. Finally, Ruelas said, in so many words, that he wanted to punch Weed “in the face.” See id.
Weed, again overcome with anxiety and embarrassment, informed Tracy what happened. See Weed Aff., Doc. No. 31-2, ¶ 32. Tracy told Weed that he should contact the incoming General Manager, Christy Hofherr.[2]Tracy also contacted Hofherr individually. Tracy Dep., Doc. No. 31-4, 40. In her message, she warned Hofherr that “[t]here is a huge problem” she needed to “be aware of before it blows up in your face.” Tracy Email, Doc. No. 31-14. She also relayed that Weed had come to her “three times about the same thing,” but he “may be too afraid to speak up.” Id. Weed also reached out to Hofherr via email, asking to meet. See Weed Dep., Doc. No. 31-2, 74. Hofherr and Thenin met with Weed the next day. Weed Aff., Doc. No. 31-5, 7.
As Weed filled them in about Ruelas's behavior toward him - screaming at and threatening him repeatedly - Hofherr was struck. She knew that Tracy believed Weed, and now she too found him credible. See Hofherr Dep., Doc. No. 31-7, 20, 42-43. For his part, Thenin reminded Weed that he could always call the police if he felt unsafe at work. See Thenin Dep., Doc. No. 31-10, 29. Thenin's impression of the conversation was that Weed “was trying to settle a score.” See Thenin Email, Doc. No. 31-20. Thenin did not elaborate on his suspicion beyond writing that he had “face[d] [a] situation with [Weed] a few years ago where he also seemed to have a personal agenda.” See id. Thenin's sparse notes from the meeting do list the incident dates and details, such as Ruelas's threat to “punch [Weed] in the face.” Thenin Notes, Doc. No. 27-34. Weed also told Thenin and Hofherr to speak with Raymond, who was present when Ruelas berated Weed about the socket issue. See Hofherr Dep., Doc. No. 31-7, 24.
When Hofherr and Thenin questioned Raymond, he proved less...
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