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MILLER v. BENEFICIAL MANAGEMENT CORP.
October 18, 1991
ELIZABETH G. MILLER, PLAINTIFF,
BENEFICIAL MANAGEMENT CORPORATION, BENEFICIAL MANAGEMENT CORPORATION OF AMERICA AND BENEFICIAL CORPORATION, DEFENDANTS.
The opinion of the court was delivered by: Lechner, District Judge.
This is an employment discrimination suit brought by
plaintiff Elizabeth G. Miller ("Miller") against defendants
Beneficial Management Corporation ("Beneficial Management"),
Beneficial Management Corporation of America ("Beneficial of
America") and Beneficial Corporation. ("Beneficial Corp.")
(collectively, "Beneficial"). Jurisdiction is alleged pursuant
to the Equal Pay Act, as amended, 29 U.S.C. § 216 et seq.
("EPA"), the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § 621, et seq. ("ADEA"); Civil Rights Act of
1964, as amended, 42 U.S.C. § 2000, et seq. ("Title VII") and
28 U.S.C. § 1331.
Beneficial now moves for dismissal pursuant to Fed.R.Civ.P.
12(b) on the ground that Miller's claims are barred by the
applicable statute of limitations. In addition, Beneficial
moves for summary judgment pursuant to Fed.R.Civ.P. 56 on the
ground there is no genuine issue of material fact regarding the
alleged discrimination against Miller.*fn1 Miller has filed a
motion appealing three orders of Ronald J. Hedges, United
States Magistrate Judge, to compel discovery.*fn2 For the
reasons set out below, the 12(b)(6) motion to dismiss is
converted to a Rule 56 motion for summary judgment. The motion
for summary judgment is granted. The cross-motion to compel
discovery is denied.
Beneficial is incorporated in the State of Delaware and has
its principal place of business in Peapack, New Jersey.
Complaint, filed 20 July 1989 ("Complaint"), ¶ 2. Beneficial is
in the business of providing management services. The
Government Relations Department ("Government Relations") is
involved in lobbying, organizing political action committees
("PACs") and collecting political contributions. Id., ¶ 3;
Moving Brief, 6.
Miller graduated from law school in the Spring of 1980.
Defs.' 12G Statement, ¶ 2. Prior to attending law school,
Miller was employed as a teacher. Id. Miller's first job as an
attorney occurred when she was hired by Beneficial Management
on 2 September 1980. Defs.' 12G Statement, ¶ 2. Miller's resume
indicated she was born in 1931; however, Miller was actually
born in 1927 or 1928. 1st Ward Aff., Ex. 14. Miller held the
starting position of Associate Counsel in the Legal Department
of Beneficial. Id. As Associate Counsel, Miller's starting
annual base salary was $25,000. Miller Aff., ¶ 1.
Miller's duties in the Legal Department included the
cross state lending; Canadian operations;
bankruptcy; antitrust; loan production offices for
Beneficial's national bank subsidiary; Equal
Credit Opportunity Act audits; Truth-in-Lending
audits; writing statutory amendments concerning
state and federal insolvency and bankruptcy laws
for the Government Relations Department; usuary
laws; disclosure laws; credit insurance laws;
business registration laws; consumer credit laws;
interest rate regulation; small loan laws;
installment sales laws; and fair credit laws.
Miller Aff., ¶ 2. During Miller's employment in the Legal
Department she received the following compensation:
Year Base Salary Year-End Compensation 1980 $25,000
$1,000 1981 $27,000 $2,000 1982 $29,000 $3,000
1983 $31,000 $3,000
Id., ¶ 4. The above increases in annual base salary and
additional year-end compensation were based on merit. Id.;
Schwartz Certif., Ex. 11.
In the Legal Department, Miller reported to Charles Hance,
Esq., Senior Vice President and General Counsel, Legal
Department ("Hance"). Hance Aff., ¶ 2. In 1983 Hance prepared a
formal review of Miller's performance in the Legal Department
(the "1983 Bentrak"). Id., ¶ 4. Miller was ranked eighth out of
eight attorneys who reported to Hance. Id., ¶ 3. The 1983
Bentrak gave Miller good remarks with respect to her
organizational and planning skills, motivation, initiative and
energy. Id., Ex. 2. The 1983 Bentrak, however, rated Miller's
overall performance as below expectations. It noted a
difficulty in providing practical advice satisfactory to senior
personnel. Additionally, the 1983 Bentrak stated Miller's
personal impact must be improved to be effective in her
As an Associate Counsel in the Legal Department Miller became
acquainted with David B. Ward, Senior-Vice President of
Government Relations ("Ward"), Charles Walsh, Vice President
and Counsel of Government Relations ("Walsh") and Kenneth
Raatz, a corporate attorney in Government Relations ("Raatz").
Miller Aff., ¶ 6. Through her contact with these individuals,
Miller learned about the function of Government Relations.
Government Relations develops and presents Beneficial's views
relating to legislative and regulatory groups at the federal
and state levels. Moving Brief, 6. In addition, Government
Relations handles PACs and corporate sources. Ward Aff., ¶ 3.
Employees in Government Relations must ensure the appropriate
disclosure and filing requirements are followed with respect to
lobbying and political contributions. Id., ¶ 4.
Walsh was hired by Beneficial on 30 October 1966. 1st Walsh
Dep., 7. Walsh graduated law school in 1954 at which point he
worked at a Philadelphia law firm for two years. Id., 4-5. In
1956 Walsh joined the Attorney General's Office in Pennsylvania
as an associate counsel for the Insurance Commission. Id., 5.
At the Attorney General's Office, Walsh was promoted to general
counsel and subsequently deputy insurance commissioner for
Pennsylvania. Id. Walsh's duties at the Attorney General's
Office included reviewing proposed legislation which had an
impact on insurance laws or industry, advising the governor's
office and leaders of both political parties of the Attorney
General's position on such legislation and conducting and
adjudicating hearings involving the insurance industry. Id.
In 1963, Walsh left the Attorney General's Office and became
the executive vice president of Reliable Insurance Company
where he reported directly to the Chairman of the Board of
Reliable Insurance Company. Id., 6. Around 1 May 1966, Walsh
became deputy insurance commissioner for the Commonwealth of
Kentucky. Id., 7. As deputy insurance commissioner in Kentucky,
Walsh was involved in setting rates, policy filings and
endorsements as well as conducting hearings and advising the
insurance commissioner. Id. Walsh held the position as deputy
insurance commissioner until 30 October 1966 when he accepted
employment with Beneficial. Id.
Walsh began his employment at Beneficial as Director of
Insurance Relations. Id. In that position, Walsh reviewed
legislation and insurance offered by Beneficial and testified
at hearings on legislation at the federal and state level. Id.
In 1968 Walsh was promoted to Assistant Vice President,
Beneficial Management.*fn3 Id., 8. In 1973 Walsh was asked to
join the Legal Department of Beneficial Management as Assistant
Vice President, Associate Counsel. Id., 10. Walsh also
represented Beneficial in various trade associations and became
Chairman of the Board of the Consumer Credit Insurance
Association.*fn4 Id., 9.
In the Legal Department, Walsh reported directly to Helmuth
Miller, who was at that time the Vice President of Government
Relations.*fn5 Id., 10. In 1976 or 1977 Walsh was promoted to
Vice President of Government Relations. Id. In this position,
Walsh advised Helmuth Miller, consulted with other employees of
the Government Relations on areas concerning legislation,
reviewed laws relating to PACs, set up the Beneficial Political
Action Committee ("Ben-Pac"), made decisions as to who should
receive contributions from Ben-Pac and reviewed material
disseminated by Beneficial for legal compliance. Id., 10-12.
In 1975 Raatz was hired as Associate Counsel in the Legal
Department. Raatz was assigned to work for Helmuth Miller and
Walsh in Government Relations where he assisted Walsh with the
review of legislation. Id., 18.
In 1979 or 1980 Helmuth Miller retired and was replaced by
Ward. Id., 17. Ward assumed Helmuth Miller's responsibilities
as Senior Vice President. Ward did, however, become more
involved and took over tasks that Helmuth Miller had allowed
Walsh to handle. Id., 25. In addition, after Ward took over,
Walsh had less contact with the Chairman of the Board. Id., 28.
Walsh testified he had "less authority and independence" under
Ward. Id., 29. As Walsh stated, by the time he left Beneficial
"men who had been with the company for a period of time became
more familiar with Mr. Ward and would call him on matters that
they previously might have called me on." Id., 31.
Throughout Walsh's employment in Government Relations with
Ward as his supervisor, his duties can be paraphrased to
include the following: as secretary of Ben-Pac, preparing the
forms necessary for contributions, filing reports required by
the Federal Election Commission on a monthly or quarterly
basis, preparing, for signature of the Chairman of the Board,
letters to those employees eligible to participate in Ben-Pac,
preparing and disseminating detailed itemizations of
contributions, requisitioning checks signed by the Ben-Pac
treasurer and determining who would receive contributions and
the amounts of the contributions; with respect to corporate
contributions, reviewing state laws to determine the legality
of corporate contributions — to whom corporate contributions
may be made, the dollar limitations of corporate contributions
and deciding with Ward what contributions would be made at the
recommendation of the Government Relations field director in
the particular state; with respect to the expense accounts of
the Government Relations directors, reviewing the expense
accounts to make sure the expenses complied with any legal
requirements and to ascertain whether there were any
outstanding expenditures; preparing and filing reports and
disclosures by lobbyists; reviewing proposals for political
candidates or political fund raising purposes before such
functions were held; receiving copies of any proposed
legislation and advising Government Relations field directors
of legislative developments; planning and organizing political
fund raisers held at Beneficial's corporate headquarters,
organizing the annual Government Relations conference;
approving and establishing retainers paid by Beneficial to
attorneys; and providing lectures and training of district
managers throughout the year. See generally, 2d Walsh Dep.
Walsh's income during his employment in Government Relations
was as follows:
Year Base Salary Year-End Additional
1977 $41,000 $14,000
1978 $43,000 $16,000
1979 $46,000 $18,000
1980 $49,000 $20,500
1981 $52,000 $23,000
1982 $53,000 $27,000
1983 $55,000 $28,500
1984 $55,000 $28,500
In early 1984 Ward informed Miller that Walsh's and Raatz'
employment in Government Relations was going to be terminated.
Miller Aff., ¶ 7. At that time, Ward decided to consolidate the
positions previously held by Walsh and Raatz into one position.
Schwartz Certif., Ex. 1. Ward asked Miller if she wanted to
fill the newly created position in Government Relations. Miller
Aff., ¶ 7. Miller states that Ward told her "once [she] had
settled in the job, with hard work [she] would become a Vice
President . . . and would receive compensation at a level
equivalent to Walsh's." Id. A memorandum from Ward to David J.
Farris ("Farris"), President of Beneficial Management, dated 14
March 1984, informed Ward of his decision to hire Miller for
the new position.*fn7
Prior to formally beginning in Government Relations, Miller
met with Walsh on several occasions. 1st Walsh Dep., 44-45.
During these meetings, Walsh reviewed with Miller the various
tasks which he had done in Government Relations. Id., 45;
Miller Aff., ¶ 9. Walsh could not recall whether he met with
Miller at the instruction of Ward. Walsh testified he mentioned
training Miller to Ward, but Ward never told Walsh to go ahead
and train her. 1st Walsh Aff., 44. Miller testified she met
with Walsh at the specific instruction of Ward. Miller Aff., ¶
9. Miller also met with Raatz to learn about his
responsibilities in Government Relations. Id., ¶ 10; 1st Walsh
Dep., 47. Miller stated during the entire training process she
was never informed, nor was it implied, that she would not take
on all of Walsh's responsibilities. Miller Aff., ¶ 12.
In May 1984 Miller was appointed to certain offices and
positions previously held by Walsh which were necessary for the
job. Id., ¶ 14. Miller was appointed as Secretary, member of
the Finance Committee and member of the Board of Ben-Pac and
Vice President of Beneficial Management.*fn8 Id. In July 1984
Miller formally began her position as Associate Counsel in
Government Relations. Id., ¶ 6. Miller received a $9,000
increase in salary raising her annual base salary to $40,000.
When Miller began her position in Government Relations, she had
four years of legal experience;
at the time Walsh had received an annual base salary of $41,000
and began in Government Relations, he had twenty-two years of
legal experience.*fn9 Id. Miller was a grade 15 employee when
she took over the position in Government Relations. 2d Ward
Aff., ¶ 3. Miller moved into Walsh's office and two secretaries
were assigned to her.*fn10 Id., ¶ 15. Miller stated she was
involved with all of Walsh's duties from the onset of her
employment in Government Relations. Id., ¶ 16. Miller concedes
she initially had disagreements with Ward over the practices of
Government Relations. Id., ¶ 18.
Miller received a $5,000 additional year-end compensation
bonus for her performance in 1984. Id., ¶ 17. In addition,
Miller received a pay increase in her annual base salary in the
amount of $3,000 in Government Relations in January 1985. Id.,
In June 1985 Miller was promoted to Assistant Vice President
and became a grade 16 employee. Id., ¶ 18; Schwartz Certif.,
Ex. 3. Miller received a copy of a memorandum from Ward to
memorialize the promotion which stated:
Mr. Caspersen [("Caspersen"), Chairman and CEO of
Beneficial Corporation,] has reviewed and approved
my recommendation for promotion of Elizabeth G.
Miller to Assistant Vice President effective June
This will carry with it a promotional increase of
10% of current salary or $4,300, for annual [base]
rate of $47,300.
Id., Ex. 4. At the time Miller received this increase, she had
five years of legal experience; Walsh had twenty-four years of
legal experience when he had an annual base salary of $46,000
and twenty-five years of legal experience when his base salary
was $49,000. Miller states Ward also informed her that he was
pleased with her work. Id., ¶ 18. Miller also received a letter
from Farris congratulating her on the promotion.*fn11 Id., ¶
In connection with Miller's promotion, she was requested to
complete a Job Analysis Questionnaire ("JAQ"). Id., ¶ 20. The
completed JAQ contained a comprehensive description of the
duties and responsibilities performed by Miller as of July 1985
("1985 JAQ").*fn12 Id., ¶ 20, Ex. 6. Miller
states she did not assist in preparing the job description.
Id., ¶ 21. Ward, however, states Miller helped prepare the job
description contained in the 1985 JAQ. 1st Ward Aff., ¶ 12.
After the 1985 JAQ was completed, Miller did not receive any
feedback, positive or negative, regarding it. Miller Aff., ¶
In December of 1985 Miller received additional year-end
compensation in the amount of $6,500 for 1985. Id., ¶ 24.
Miller also received a $2,000 salary increase for 1986 making
her annual base salary $49,300 for 1986. Id., ¶ 25. In January
1986 Miller first spoke to her superiors about being promoted
to Vice President of Government Relations.*fn13 Walsh was the
last person to hold a Vice President position in Government
Relations. At the time he assumed the position, he had
twenty-two years of legal experience. Id., ¶ 26.
Miller spoke to Ward about a possible promotion in March
1986. Id., ¶ 27. Ward, in turn, handed Miller a Bentrak which
he had prepared (the "1986 Bentrak"). The 1986 Bentrak
expressed critical views regarding Miller's Interpersonal
Skills and Professional Skills. Id., ¶ 27; 1st Ward Aff., ¶ 13.
Beneficial paraphrased the 1986 Bentrak remarks as follows:
In the category of "Interpersonal Skills," it was
noted that [Miller's] motivation was excellent,
but that she had problems in communications and in
supervising subordinates. With regard to
"Professional Skills," an improvement was noted in
substantive knowledge, but also a consistent
tendency to jump to conclusions without fully
understanding the problem. The Bentrak stated that
[Miller's] inability to distinguish important
legislation and problems from unimportant ones
adversely affected her productivity. The Bentrak
did note that her technical skills such as bill
drafting and analysis were good and improving and
stated that these skills should continue to
improve as she gained a better understanding of
the business context. With regard to "Management
Skills," it was noted that [Miller's] initiative,
energy, dependability and ambition were excellent,
with the caveat that her ambition sometimes
appeared excessive. It also was noted that
[Miller's] attitude toward others was considered
condescending and counterproductive. In addition,
the Bentrak stated that her decision-making
ability suffered from her reluctance to inquire
into the background of matters and to ask
penetrating questions. . . . Finally, the Bentrak
noted that [Miller's] judgment was not trusted by
some and suggested that this may have been due to
[Miller's] relative lack of business and industry
Defs.' 12G Statement, ¶ 19.
Discussion of the 1986 Bentrak was postponed to the weekend
at which time Ward agreed not to put the 1986 Bentrak in her
personnel file. 1st Ward Aff., ¶ 13. After Miller received the
1986 Bentrak, Ward stated Miller worked hard in connection with
Legislative monitoring, however, she continued to have problems
giving helpful practical advice and making sound decisions.
Id., ¶ 14. Ward stated, therefore, he never gave her the same
authority which Walsh had. Id.
On 25 June 1986 Miller attended a fund raiser sponsored by
Beneficial. Miller Aff., ¶ 28. Miller states that during the
fund raiser she spoke to Caspersen regarding a political
contribution. During her conversation with Caspersen, Miller
stated the following was said:
. . Caspersen referred to me as "the bag lady."
I then told Mr. Caspersen that I was not a "bag
lady" at which point he said "I meant a bag lady
in New York." After this conversation, I walked
over to talk with David Ward. When he asked me
what had gone on between me
and Mr. Caspersen, I informed him that Caspersen
had called me a "bag lady."
Id. Miller stated Ward referred to her as the bag lady on 26
June 1986 at her office and again on 27 June 1986 at a party
for a colleague. Id., ¶¶ 29-30. After Ward's second reference
to Miller as the bag lady, Miller indicated she did not like
being referred to by the term. Id., ¶ 29. On 30 June 1986,
Miller states Ward once again referred to her as the bag lady,
at which point she requested that he not refer to her by the
term again. Id., ¶ 30.
Throughout 1986 and 1987 Miller spoke to Ward about the fact
that she had not been promoted to Vice President. Id., ¶ 32.
Miller maintains Ward responded by saying she was "making the
money," therefore, did not need the title. Id. In January 1987
Miller received year-end additional compensation in the amount
of $8,000 for 1986. Id., ¶ 33. Miller also received an increase
in her salary making her total annual base salary $50,200. Id.
Miller contends that throughout 1987 her workload continued to
increase. The increase was due in part from Ward's appointment
to the Operating Executive Committee of Beneficial Management
which took away from his time to spend on Government Relations
matters and from his involvement in a comprehensive
restructuring of Beneficial. Id., ¶ 34.
In September 1987 Miller again raised the issue of a
promotion to Ward basing her request upon her increased
workload. At this time, Miller stressed she had assumed the
position of two attorneys and had increased the contact with
legislators, regulators and high-level employees of companies.
Id., ¶ 35. In January 1988 Miller received $11,000 in year-end
additional compensation for 1986 and received an increase in
the amount of $3,000 making her annual base salary $53,200 for
1987. Id., ¶ 36. Miller further states at the time of her
raise, Ward assured her she was making the same pay as Walsh.
Id. Ward states he never told Miller her compensation was close
or equal to Walsh's compensation. 2d Ward Aff., ¶ 2. According
to Ward, he told Miller "she was making money and getting good
increases." Miller Aff., ¶ 36. Miller's salary increases track
Walsh's annual base salary increases. In fact, given Walsh's
legal experience, Miller's annual base salary increases were in
excess of Walsh's. When Miller was making $53,200, she had been
in Government Relations for four years and had eight years of
legal experience. At the time Walsh earned $53,000, he had been
in Government Relations for six years and had twenty-eight
years of legal experience.
Ward states despite his concerns regarding Miller's
interpersonal skills, in February 1988, he recommended Miller
for a promotion to Vice President. 1st Ward Aff., ¶ 15. This
promotion was to be in title only. Id. As to this
recommendation, Miller states the following:
For the first time . . . Ward told me that a
recommendation that I be made a Vice President
would not stand a chance because I did not have
enough "seniority" with the company. I then
pointed out that Mary Ann [sic] Schneider and Ann
Stephenson had been brought into Beneficial as
Vice Presidents (obviously without seniority at
the company) and that Wheeler Neff, who began his
employment at Beneficial the same day I did, had
been promoted to Vice President. I noted how I had
replaced Charles Walsh (and Kenneth Raatz) and had
taken on some of Ward's duties over the years (all
of which Ward acknowledged). I also told Ward that
I did not think that David Farris would object to
making me a Vice President. . . .
Miller Aff., ¶ 38. Caspersen, however, told Ward the
consideration for promotion would not occur at that time. Id.
Sometime before 26 May 1988 Miller began to fill out a JAQ (the
"1988 JAQ") upon the suggestion of Maryann Schneider, Senior
Vice President for Human Resources ("Schneider"). Miller Aff.,
While Ward was at Harvard, I ran the Government
Relations Department without supervision by David
Farris, Finn Caspersen or any other higher ranking
Ward returned to Beneficial on 23 May 1988. On or around 26
May 1988, Miller approached Ward regarding her promotion to
Vice President. Id., ¶ 42. Miller contends the conversation
proceeded as follows:
Ward responded that he had recommended to Finn
Caspersen earlier in the year . . . that I be made
a Vice President and that Caspersen had turned
down that recommendation. . . . When I asked Ward
why he had not told me of this previously, he
simply said something about it being a "white
lie." Ward then went on to say that I would never
get the title of Vice President and that Finn
Caspersen had the total say in the matter. I then
told Ward that Mary Ann [sic] Schneider had
recommended that I draft a JAQ for the committee
which evaluated promotions. Ward laughed and said
that the committee did not make those decisions.
Id. According to Miller, Ward said "your best bet is to leave
and sue on age discrimination" and to go work for the
government who could not discriminate on the basis of age. Id.
Ward states he never told Miller she should sue for age
discrimination. 2d Ward Aff., ¶ 4. Miller also states Ward
asked her how long she intended to work if she got the title of
Vice President. Miller Aff., ¶ 42.
Ward allegedly told Miller he would recommend her for Vice
President in July 1988 and she should compile a list of recent
promotions from personnel. Id. Miller maintains that Ward
suggested Miller ask Gilliam to assign her to another attorney
position so Ward could hire someone who would be able to take
over his position in three or four years. Id. Ward concedes
Miller and he spoke of a replacement for Ward. 2d Ward Aff., ¶
5. Ward states, however, he advised Miller she would most
likely not replace Ward because he intended to stay at
Beneficial for another seventeen years when he would be at
retirement age. Id.
According to Miller, Ward suggested perhaps Caspersen would
promote Miller to Vice President if Ward could hire someone
beneath him to eventually replace Ward. Miller Aff., ¶ 43.
Miller indicated to Ward if she were not going to be made Vice
President, she would be interested in an available Field
Director position. Id. According to Miller, Ward told her the
position was not available because he could not have Miller
carrying home drunks late at night.*fn14
On 31 May 1988 Miller had a conversation in her office with
Helen Perry. Miller secretly taped this conversation because "a
certain level of mistrust had developed between [Perry and
Miller.]" Id., ¶ 43. Within a few days, Miller informed Ward
she had taped the conversation with Perry.*fn15 Id. Miller
states Ward made no comment about the taping incident. Id.
According to Ward, he felt the taping incident was sufficient
grounds to terminate Miller's employment. 1st Ward Aff., ¶ 17.
Therefore, Ward told Miller she would no longer be recommended
for a promotion. Id.
Ward responded that I had been turned down for
Vice President by David Farris and Finn Caspersen.
When I asked Ward if I could speak with Caspersen
about the subject, Ward said that I would "be out
the door" if I tried to do so. Ward agreed that I
could speak with David Farris and Mary Ann [sic]
Schneider about the Vice President title.
Id. Schneider advised Miller to prepare a list of job
responsibilities including ten tasks Miller had recently
completed. Id., ¶ 46. Miller prepared the list and submitted it
to Farris. Miller then met with Farris on the afternoon of 2
August 1988. Id. Miller stated Farris informed her he and
Caspersen had not turned the promotion down and would consider
it at the end of the year. Id. In addition, Farris instructed
Miller to complete a JAQ. Id. Miller completed the 1988 JAQ on
29 August 1988.*fn16 The 1988 JAQ was delivered to Ward on 30
August 1988. Id.
Ward was not able to complete the formal Bentrak until 24
August 1988 (the "1988 Bentrak"). Id., ¶ 19. On 1 September
1988 Ward added comments from the 1986 Bentrak to the 1988
Bentrak. On that same date, Ward received the 1988 JAQ from
Miller which requested her job be upgraded to Vice President.
Id., ¶ 20. Ward informed Miller she was not going to become
Vice President and never would. Miller Aff., ¶ 48. In addition,
Ward told Miller her performance would have to be discussed.
1st Ward Aff., ¶ 20. Miller became upset; therefore, Ward
requested the meeting be held with Lawrence Cole ("Cole"), Vice
President of Human Resources. Id. Miller remained upset and was
taken home. Id. Miller was out of work due until 26 September
1988. Miller Aff., ¶ 48. Ward drafted an addendum concerning
the taping ...