Noboa v. The Sygma Network, Inc.
Filing
126
ORDER granting 65 Motion for summary judgment. Defendant The Sygma Network, Inc's First Motion for Summary Judgment is granted. The Clerk is directed to enter judgment in favor of The Sygma Network, Inc. and against Plaintiff Hector Noboa. All pending motions are denied as moot. The Clerk is directed to close this case. Signed by Judge Charlene Edwards Honeywell on 4/25/2012. (AHB)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
HECTOR NOBOA,
Plaintiff,
v.
Case No. 6:10-cv-1753-Orl-36DAB
THE SYGMA NETWORK, INC.,
Defendant.
/
ORDER
This cause comes before the Court on Defendant The Sygma Network, Inc.’s
(“Defendant”) First Motion for Summary Judgment (“Motion for Summary Judgment”) (Doc.
65). Plaintiff Hector Noboa (“Plaintiff”) filed a Response in opposition to the motion (Doc. 77).
Upon consideration of the parties’ submissions, including deposition transcripts, memoranda of
counsel and accompanying exhibits, and for the reasons that follow, the Court will grant
Defendant’s Motion for Summary Judgment.
I.
BACKGROUND
A.
Facts1
Plaintiff was hired by Defendant in the position of “selector,” a person who gathers
orders for shipment, in August 2007. (Parties’ admitted facts in Pretrial Statement, filed on
February 13, 2012, Doc. 106, p.9.) On August 20, 2007, Plaintiff signed and dated several
1
The undisputed facts are taken from the parties’ Pretrial Statement (Doc. 106), and
Plaintiff’s Response to Defendant’s Motion for Summary Judgment, which lists the paragraphs
from Defendant’s fact section that Plaintiff does not contest. Doc. 77, p.2. The Court has noted
where facts are undisputed and where it has determined the facts based on parties’ submissions,
affidavits, and deposition testimony.
documents regarding Defendant’s policies and procedures. Id. The documents Plaintiff received
upon becoming Defendant’s employee include: (1)Acknowledgment and Receipt of Associate
Handbook, (2) Sygma Safe-Guidelines for Safety Program Enhancement; and (3) Procedures for
Job Related Accidents and Injuries (Doc. 65-Exs.1-3). Plaintiff also received an identification
badge with Defendant management team’s phone numbers (Doc. 65-Ex. 4), and a copy of the
Sygma Network Associate Handbook (“Employee Handbook”) (Doc. 65 - Ex. 5).
1. Defendant’s Policy for Reporting Workplace Injuries
The Employee Handbook addresses the reporting of work-related injuries in three places,
and lists the failure to report a work-related injury to a supervisor immediately or by the end of a
shift as an example of “conduct that may result in disciplinary action, including written warnings,
suspension, demotion, or termination of employment.” (Doc. 65-Ex. 5, pp. 6-7). The Employee
Handbook explicitly states that “SYGMA does not require a set number of warnings or
counseling sessions. Consistent with the levels of discipline described in this handbook, each
case is considered on its own facts. In the case of misconduct or violation of SYGMA’s policies,
immediate termination may be appropriate depending on the facts.” Id., pp. 6-7. Under the
“Health and Safety” section, the Employee Handbook states: “[a]ny workplace injury, accident or
illness must be reported to the associate’s manager immediately or by the end of your shift,
regardless of the severity of the injury or accident.” Id., p. 20. Finally, under the “Workers’
Compensation” section, the Employee Handbook states that “[i]n order to protect associates and
their families in the event of medical care expenses and loss of wages caused by accidents arising
out of and in the course of employment, associates are covered by Workers’ Compensation
Insurance, which is paid for completely by the Company. This insurance provides for payment of
2
claims incurred as a result of injury while on the job as specified under state law. It is the
associate’s responsibility to report immediately any such injury to their supervisor.”2 Id., p. 40.
2. Plaintiff’s Workplace Injury
Plaintiff testified that he was injured at work on February 25, 2009, and saw a doctor for
that injury on Friday, February 27. Deposition of Hector Noboa (“Noboa Dep.”), Part II, p.44,
line 10; Part I, Doc. 64-1, p.107, lines 14-25. The parties agree that Plaintiff did not report his
injury at the time it occurred, prior to leaving work at the end of his shift, or later that evening.
Doc. 65, p.4. Plaintiff experienced significant pain from the injury that evening at his home.
Id.; Noboa Dep., Part I, p.142. Todd Mungovan, Defendant’s warehouse director (“Mungovan”),
testified that Plaintiff was working in the cooler “and apparently was hurt on a Wednesday and
then called in sick on Thursday and then reported the injury on Friday.” Deposition of Todd
Mungovan (“Mungovan Dep.”), Doc. 64-8, p.25, lines 3-6. The parties agree that on the
afternoon of Thursday, February 26, Plaintiff continued treatments for a previous, non-work
related injury stemming from a car accident in January 2009. Doc. 65, p.4. Plaintiff’s medical
records from February 26 indicate that he met with Dr. Carlos H. Colombo, M.D. and Kenn
Niebrugge, D.C., but did not report his newer work-related injury from the previous day to either
health care professional. Doc. 65-6.
On Friday, February 27, the parties agree that Plaintiff reported to work, put on his
equipment, and did stretches. Noboa Dep., Part II, p.38, lines 5-8. Plaintiff first reported the
pain he was experiencing “[a]round 10:00 something” to a co-worker, Abraham, with whom he
2
Plaintiff indicates that he agrees with the quoted portions from the employee
memoranda attached to Defendant’s Motion for Summary Judgment. See Doc. 77, p.2.
3
was working. Id., p.48, line 12-18. Upon learning of Plaintiff’s injury, Marvin Jarquin
(“Jarquin”), the Warehouse Supervisor, met with Plaintiff on February 27, 2009 and together
they completed several forms including: (1) Supervisor Investigation of Accident form; (2)
Authorization for Services form; (3) Initial Treatment Form; (4) First Report of Injury or Illness;
(5) Accident/Illness Investigation Report form; and (6) Injured Workers’ Responsibilities Policy.
See Doc. 65, Exs. 8-13. Jarquin testified that following the completion of the reports, Safety
Manager Randy Owen (“Owen”) decided that Plaintiff should go to the Solantic Clinic and
Jarquin sent him there. Deposition of Marvin Jarquin (“Jarquin Dep.”), Doc. 64-Ex. 5, p.57,
lines 12-24.
Plaintiff completed the Employee’s Report of Work Related Injury Form (“Injury Form”)
on February 27, 2009, and identified the date of injury as “2/25/2009", and the time of injury as
“6:30 pm.” Doc. 65, Ex. 7. Plaintiff signed and dated the Injury Form underneath a paragraph
which states “I certify that the above information is true and accurate. I understand that
falsification is a violation of company policy and subject to disciplinary action up to and
including termination.” Id. Plaintiff indicated that he reported the injury to “Eddit.” Id.
However, Plaintiff testified during his deposition that he does not know anyone named Editt or
Eda who worked in Human Resources (“HR”) and never reported his injury to anyone with that
name or in HR. Noboa Dep., Part II, p. 125, lines 17-19. HR Supervisor Edith Hart testified that
although she did not recall the exact day, she remembers Plaintiff speaking with her about his
attendance points, and then reporting that he had been hurt two days prior. Deposition of Edith
Hart (“Hart Dep.”), Doc. 64-3, pp. 16-19. Hart recalled feeling bad for Plaintiff because “you
know what the policy is”. Id., p.19. She further explained that when Plaintiff said he hurt
4
himself “a couple of days before” she went to “get someone else”, presumably to further report
Plaintiff’s injury. Id.
Plaintiff testified that during the morning of February 27, 2009, he was threatened by
Owen, who said “If you say that this accident happened inside the building, I will fire you. If you
say this accident happened outside this building, you will keep your job.” Noboa Dep., Part I, p.
173, lines 19-23. On February 27, 2009, Supervisors Todd Mungovan and Randy Owen drove
Plaintiff to the Solantic Clinic. Doc. 106, p.9. Plaintiff attended a follow up visit at the Solantic
Clinic on March 4, 2009, and was released to work without any restrictions or work limitations.
Doc. 65-Ex.14.
On March 5, 2009, Defendant completed its investigation of Plaintiff’s allegations and
determined that Plaintiff would be terminated. Deposition of Terri Vaughn (“Vaughn Dep.”),
Doc. 64-Ex. 7, p.112, lines 4-7. In making its determination to terminate Plaintiff, Vice
President/General Manager Kirk Krajewski conducted an investigation and spoke with
Warehouse Manager Todd Mungovan, Safety Manager Randy Owen, and HR Manager Terri
Vaughn. Deposition of Kirk Krajewski (“Krajewski Dep.”), Doc 64-Ex. 4, p. 137-139. The
parties agree that Kirk Krajewski made the ultimate decision to terminate Plaintiff’s employment
on March 5, 2009. Doc. 65, p.7; Doc. 77, p.2.
B.
Procedural History
Plaintiff was terminated on March 5, 2009, filed a Petition for Workers’ Compensation
Benefits (“Petition”) on October 19, 2009, and filed a Voluntary Dismissal of his Petition on
January 8, 2011. Doc. 106, p.9; Doc. 65-Exs. 16-17. On November 1, 2010, Plaintiff filed an
action in state court for workers compensation retaliation against Defendant, pursuant to Florida
5
Statute Section 440.205 (Doc. 2, pp.2-3.) Defendant removed the case to federal court (Doc. 1).
II.
STANDARD
Summary judgment should only be granted when the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the affidavits, show there is no genuine
issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). The existence of some
factual disputes between the litigants will not defeat an otherwise properly supported summary
judgment motion; “the requirement is that there be no genuine issue of material fact.” Anderson
v. Liberty Lobby, Inc., 477 U.S. 242, 248-49 (1986) (emphasis in original). A fact is “material”
if it may affect the outcome of the suit under governing law. Id. at 248.
The moving party bears the initial burden of stating the basis for its motion and
identifying those portions of the record demonstrating the absence of genuine issues of material
fact. Celotex, 477 U.S. at 323; Hickson Corp. v. N. Crossarm Co., 357 F.3d 1256, 1259–60
(11th Cir. 2004). That burden can be discharged if the moving party can show the court that
there is “an absence of evidence to support the nonmoving party’s case.” Celotex Corp., 477
U.S. at 325. In determining whether a genuine issue of material fact exists, the court must
consider all the evidence in the light most favorable to the nonmoving party. Shotz v. City of
Plantation, Fla., 344 F.3d 1161, 1164 (11th Cir. 2003).
III.
ANALYSIS
A.
Florida’s Workers Compensation Retaliation Statute
Plaintiff’s sole claim against Defendant is brought under Florida Statute Section 440.205,
which provides that “[n]o employer shall discharge, threaten to discharge, intimidate, or coerce
6
any employee by reason of such employee’s valid claim for compensation or attempt to claim
compensation under the Workers’ Compensation Law.” Fl. Stat. §440.205; Doc. 2. The parties
do not dispute that to establish a prima facie case under this statute, Plaintiff must show that he:
(1) engaged in statutorily protected activity; (2) suffered an adverse employment action; and (3)
the adverse action was causally related to the plaintiff’s protected activity. Humphrey v. Sears,
Roebuck, and Co., 192 F. Supp. 2d 1371, 1374 (S.D. Fla. 2002); Doc. 106, p. 9.
Also, retaliation claims under Florida Statute Section 440.205 are subject to the burden
shifting analysis applicable to Title VII claims, meaning that once a plaintiff establishes a prima
facie case of retaliation, the burden shifts to the defendant employer to provide a legitimate, nonretaliatory reason for the adverse employment action. Humphrey, 192 F. Supp at 1374; Doc. 106,
p. 9. The Eleventh Circuit notes that the employer’s burden of production at that stage is
“exceedingly light”. Coker v. Morris, 2008 WL 2856699, *4 (N.D. Fla. 2008), citing Holifield v.
Reno, 115 F.3d 1555, 1564 (11th Cir. 1997). The plaintiff then bears the burden of persuasion
that the proffered reasons are pretextual, by showing that the offered reason for the adverse
action has no basis in fact, was not the true motivating factor, or was insufficient to motivate the
decision. Humphrey, 192 F. Supp. at 1374-75.
B.
Plaintiff Has Established a Prima Facie Case
1. Plaintiff was engaged in a protected activity
The Court finds that Plaintiff engaged in protected activity when he reported his work
related injury, filled out the Defendant’s corresponding paperwork, and was taken to a clinic by
supervisors pursuant to Defendant’s established procedure for workers’ compensation injuries.
7
Indeed, as soon as Defendant learned that Plaintiff claimed he injured himself at work, SYGMA
promptly had him complete workers’ compensation paperwork to report his injury, and two of
his supervisors, Owen and Mungovan “drove him to the workers’ compensation health care
provider to ensure he received any medical treatment he might need.” Doc. 65, p.13.
The Court is not persuaded by Defendant’s argument that either the terms of the statute or
the decision in Bruner v. GC-GW, Inc., 880 So. 2d 1244 (Fla. 1st DCA 2004) compel a plaintiff to
file an official workers’ compensation claim to be protected by the retaliation statute. Doc. 65,
p.11. First, the statute clearly protects an “employee’s valid claim for compensation or attempt to
claim compensation under the Workers’ Compensation Law,” Fl. Stat. §440.205 (emphasis
added). In construing this statute, the Court looks to the statute’s plain language. Because the
language of the statute is clear and unambiguous, it must be given its plain and ordinary meaning.
The statute at issue here protects attempts to claim compensation under the Workers’
Compensation Law. The undisputed evidence establishes that on February 27, 2009, Plaintiff
met with Warehouse Supervisor Marvin Jarquin and filled out various official accident and injury
report forms, and was driven by his supervisors to the Defendant’s chosen clinic for medical
treatment. Doc 64, Ex. 5; Doc. 65, Exs. 8-13. Applying a liberal construction of this statute, the
Court determines that Plaintiff attempted to claim compensation under the Workers’
Compensation Law. See Broward v. Jacksonville Med. Ctr., 690 So.2d 589, 591 (Fla. 1997) (
“Florida’s workers’ compensation laws are remedial in nature” and should be liberally construed
in favor of granting access to the remedy provided by the Legislature.)
8
Moreover, contrary to Defendant’s contention that Bruner defines the protected activity as
actually filing or threatening to file a workers’ compensation claim, (Doc. 65, p.11), the decision
does not define protected activity in this manner. Bruner v. GC-GW, Inc., 880 So. 2d 1244, 1248
(Fla. 1st DCA 2004). In fact, Bruner advocates an expansive reading of the statute, finding that
statutory protection extends to subsequent employers, such that an employer cannot discriminate
against an employee because of their prior workers’ compensation claims against former
employers. Id., at 1251. Moreover, Florida courts routinely interpret section 440.205 in a manner
consistent with its intent to prevent the chilling effect of filing workers’ compensation claims.
Bruner, 880 So.2d at 1249 (“[e]xempting subsequent employers from the statute would allow
them to defeat the Legislature’s intent by firing or threatening to fire workers who had exercised
their statutory rights.”); Smalbein v. Volusia County School Board, 801 So.2d 169, 170 (Fla. 5th
DCA 2001)(rejecting a statutory construction which would require the workers’ compensation
claims to be successful because “interpreting ‘valid’ as ‘compensable’ thwarts the purpose and
intent of the Legislature to prohibit retaliation”); Allan v. SWF Gulf Coast, Inc., 535 So.2d 638,
639 (Fla. 1st DCA 1988) (noting that specific retaliatory intent is not required by the express
statutory language of section 440.205).
2. It is undisputed that Plaintiff suffered an adverse employment action.
Given the parties agree that Plaintiff’s March 2009 termination qualifies as an adverse
employment action, the second element of a prima facie case has been established. Doc. 77, p.4.
3. There is sufficient evidence to show a causal connection between the protected
activity and the adverse employment action.
9
Generally, close temporal proximity between the protected conduct and the adverse
employment action is sufficient circumstantial evidence to demonstrate a causal connection
between the two. Brungart v. BellSouth Telecomm., Inc., 231 F.3d 791, 799 (11th Cir. 2000).3
However, when there is unrebutted evidence that the decision maker did not have knowledge that
the employee engaged in protected conduct, temporal proximity alone is insufficient to establish
causation. Id.
According to Defendant, the decision to terminate Plaintiff was made following Kirk
Krajewski’s independent investigation, which included speaking with many of Defendant’s
employees and reviewing documents including Plaintiff’s Injury Form in which Plaintiff reported
his injury two days after the accident. Doc. 65, pp. 13-14; Krajewski Dep., pp. 138-39. Further,
Defendant explains that upon learning of Plaintiff’s injury, it “promptly had [Plaintiff] complete
workers compensation paperwork to report his injury, and two of his supervisors, Randy Owen
and Todd Mungovan even drove him to the workers’ compensation health care provider to ensure
he received any medical treatment that he might need.” Doc. 65, p.13. Therefore, although
Defendant correctly notes that temporal proximity is insufficient when there is “unrebutted
evidence that the decision maker did not have knowledge that the employee engaged in protected
conduct,” Brungart, 231 F.3d at 799, Defendant here has elaborated upon Krajewski’s knowledge
of the Plaintiff’s protected activity. Indeed, “a plaintiff can show that the two events are not
3
The Eleventh Circuit evaluates claims of retaliation under the Family Medical Leave
Act (FMLA), in the absence of direct evidence of discrimination, using the burden-shifting
framework established by the Supreme Court for Title VII retaliatory discharge claims in
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). Although neither party mentions it in
citing to Brungart and other Eleventh Circuit cases, these cases analyze a retaliation claim under
FMLA, not Florida Statute section 440.205.
10
wholly unrelated if the plaintiff shows that the decision maker was aware of the protected conduct
at the time of the adverse employment action.” Krutzig v. Pulte Home Corp., 602 F.3d 1231,
1234 (11th Cir. 2010). Accordingly, given the undisputed close temporal proximity between
Plaintiff’s reporting of his injury and compliance with Defendant’s workers’ compensation
procedures and his termination, Doc. 106, p.9, there is sufficient evidence to show a causal
connection.
As each of the elements has been established, the Court finds that Plaintiff has made a prima
facie case for workers compensation retaliation in violation of Florida Statute Section 440.205.
C.
Defendant Has Established a Legitimate Reason for Plaintiff’s Termination
Once a prima facie case has been demonstrated, the burden shifts to the defendant to
articulate a legitimate, nondiscriminatory reason for the employment action. McDonnell Douglas
Corp. v. Green, 411 U.S. 792, 802 (1973). The Court is persuaded that Defendant has a clear
policy requiring its employees to immediately report workplace injuries, and that this policy
provides a legitimate reason for Plaintiff’s termination on March 5, 2009.
Given the extensive documentation of Defendant’s policy, see Doc. 65, exs. 1-5, the Court
is unpersuaded by Plaintiff’s argument that Defendant’s policy for failing to report workplace
injuries is “far from clear”. Doc. 77, p. 9. Specifically, the Employee Handbook, which Plaintiff
acknowledged receiving by signature on August 20, 2007, Doc. 65-Ex.1, reiterates in several
places that disciplinary actions, including termination, will be taken for an employee’s failure to
report a work injury immediately or by the end of the shift, regardless of the severity of the injury.
Employee Handbook, Doc. 65-Ex. 5, at pp. 6-7, 20, 40. Plaintiff emphasizes testimony by
11
Defendant’s employees that disciplinary measures for not reporting workplace injuries include
termination but not to the exclusion of other disciplinary possibilities within Defendant’s
discretion. See Mungovan Dep. p. 61, lines 5-25; Vaughn Dep., p. 42 line 5-43 line 1. However,
as Defendant’s documentation clearly states that termination can result from an employee’s
failure to timely report a workplace incident, the Court finds that regardless of whether other
disciplinary options exist, the Defendant has established a legitimate reason for Plaintiff’s
termination in this case.
D.
Plaintiff Has Not Created a Genuine Issue of Fact Regarding Pretext
After a defendant provides a legitimate, nondiscriminatory reason for termination in
response to the plaintiff’s prima facie showing, the plaintiff bears the burden of persuasion that
the proffered reasons are pretextual. Humphrey, 192 F. Supp at 1374 (plaintiff’s claim of
retaliation did not withstand summary judgment where she did not introduce evidence to show the
reason for her termination was not actually the violation of a particular policy); McDonnell, 411
U.S. at 802. To establish pretext, a plaintiff must proffer evidence that would permit a reasonable
fact finder to conclude that Plaintiff’s alleged misconduct was not the real reason for the adverse
employment action. Torres v. Eagles Technologies, Inc., 2010 WL 2243700, *6 (M.D. Fla. 2010)
(plaintiff’s failure to proffer circumstantial evidence of pretext sufficient to permit a reasonable
fact finder to conclude that his positive drug test was not the reason for his termination was fatal
to his claim of retaliation under Florida’s Whistleblower Act). A plaintiff may carry this burden
by showing that the reason offered for termination had no basis in fact, the reason was not the true
factor motivating the termination decision, or that the stated reason was insufficient to motivate
the decision. Holston v. The Sports Authority, Inc., 136 F. Supp.2d 1319, 1338 (N.D.Ga. 2000).
12
Also, the law is clear that an employee’s own evaluation and opinion is insufficient to establish
pretext. Torres, 2010 WL 2243700 at *7; Standard v. A.B.E.L. Services, Inc., 161 F.3d 1318,
1332-33 (11th Cir. 1998).
Although Plaintiff states in a conclusory manner that “[p]retext in this case is abundant,”
he has failed to provide any evidence that would lead a reasonable fact finder to conclude the
legitimate business reason, his failure to comply with Defendant’s policy, was not the reason for
his termination. Doc. 77, p.7-8. Plaintiff seems to argue that three reasons support the existence
of pretext: (1) Defendant’s Safety Manager Randy Owen threatened Plaintiff to not report his
injury; (2) workplace rumors and jokes about not reporting workplace injuries abounded; and (3)
Defendant was economically motivated to limit workers’ compensation claims.4 Id. None of
these offered facts or reasons, however, even when construed in the light most favorable to the
nonmoving party, show evidence of pretext. First, Plaintiff testified that during the morning of
February 27, 2009, he was threatened by Randy Owen, who said “If you say that this accident
happened inside the building, I will fire you. If you say this accident happened outside this
building, you will keep your job.” Noboa Dep., Part I, p. 173, lines 19-23. Given this discussion
occurred two days after Plaintiff’s workplace injury on February 25, Owen’s statement is actually
an accurate representation of Defendant’s policy with respect to workplace injury reporting. The
policy allows for termination upon a failure to report a workplace injury immediately or by the
4
Additionally, Plaintiff filed the affidavit of Eric Kinney, Defendant’s former employee,
on January 25, 2012 (Doc. 95), seemingly in an attempt to establish pretext for Plaintiff’s
termination. Upon reviewing Defendant’s Motion to Strike the Affidavit of Eric Kinney (Doc.
105), this Court found that this affidavit was untimely, and therefore it was stricken. See Order
granting Motion to Strike (Doc. 125).
13
end of a shift. It is undisputed that Plaintiff did not follow this policy. Thus, if anything, Owen’s
statement, although inartfully worded, reinforces Defendant’s proffered legitimate reason for
Plaintiff’s termination. Second, Plaintiff’s testimony regarding rumors and jokes about not
reporting worker’s compensation accidents for fear of being fired also fails to establish evidence
of pretext. Doc. 77, p.7; Noboa Dep., Part II, pp. 101-03, 105. Plaintiff has provided no
admissible evidence or statements to support the rumors. The record before this Court, as
reflected in Defendant’s policy and the documents Plaintiff received and signed, allows
Defendant to terminate an employee for failing to timely report a workplace injury. Termination is
not a rumor, but rather a realistic consequence of violating Defendant’s policy. Third, Plaintiff
notes that several of Defendant’s employees testified to the safety incentives in place for
employees, which alludes to an economic benefit for Defendant to reduce the costs of workplace
safety. Doc. 77, p.7; Vaughn Dep., p. 101, lines 17-25; Hart Dep., p. 81, lines 8-18. Initially, the
Court notes that if it were economically advantageous to discourage reporting injuries then
Defendant’s policy of mandatory reporting of any workplace injury would be contrary to such an
interest. Further, Defendant’s economic incentives with respect to its safety policies are irrelevant
to the issue of pretext and outside the realm of this Court’s analysis. Indeed, the Eleventh Circuit
affirms that “Federal Courts do not sit as a super-personnel department that reexamines an entity’s
business decisions ... rather [the] inquiry is limited to whether the employers gave an honest
explanation of its behavior.” Chapman v. AI Transport, 229 F.3d 1012, 1030 (11th Cir. 2000).
A plaintiff’s subjective belief that he was retaliated against is insufficient to establish
pretext, and pretext cannot be created by simply questioning the employer’s legitimate reason.
Sabatier v. Suntrust Bank, 2008 WL 108796, *10 (S.D. Fla. 2008); Pennington v. City of
14
Huntsville, 261 F.3d 1262 (11th Cir. 2001). Here, Plaintiff’s references to confusion regarding
Defendant’s injury reporting policy, rumors about the policy, and allegations that the safety
policies are financially motivated fail to establish pretext that would convince a reasonable fact
finder that Plaintiff was terminated for any reason other than Defendant’s documented policy.
Plaintiff has failed to show that the reason given for his termination had no basis in fact, was not
the true reason for his termination, or that the stated reason was insufficient to motivate his
termination.
IV.
CONCLUSION
Although Plaintiff has established a prima facie case for retaliation under Florida Statute
Section 440.205, he has not shown that Defendant’s legitimate business reason for his termination
was not the real factor motivating Defendant’s decision. Plaintiff’s claim of retaliation does not
withstand Defendant’s Motion for Summary Judgment. As no genuine issues of material fact
exist, Defendant is entitled to a judgment in its favor as a matter of law.
Accordingly, it is hereby ORDERED and ADJUDGED:
1.
Defendant The Sygma Network, Inc.’s First Motion for Summary Judgment (Doc.
65) is GRANTED.
2.
The Clerk is directed to enter judgment in favor of The Sygma Network, Inc. and
against Plaintiff Hector Noboa.
3.
All pending motions are denied as moot
4.
The Clerk is directed to close this case.
DONE AND ORDERED at Orlando, Florida, on April 25, 2012.
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COPIES TO:
COUNSEL OF RECORD
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