Evers v. Safety-Kleen Systems Incorporated
2:10-cv-02556
D. Ariz.Mar 19, 2012Background
- Evers was employed by Safety-Kleen in Chandler, Arizona, starting in 1996 in various roles including customer service manager.
- In 2009 Safety-Kleen issued a 2009 Compensation Plan granting base pay and commissions; the plan stated it could be modified at Safety-Kleen’s discretion.
- In late January 2010, Safety-Kleen disclosed a retroactive 2010 compensation plan reducing commissions and changing payout frequency.
- Evers complained that the 2010 plan was unfair and retroactive; branch managers Bell and Harvey discussed concerns with him, with no effective deterrence from going to the labor board.
- Preston, a regional manager, decided in March 2010 to eliminate one of Chandler’s two customer service manager positions, citing cost savings.
- Bell prepared a Forced Order Ranking (F.O.R.) comparing Evers and Harvey; Harvey was ranked higher, leading to Evers’ termination on April 29, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Evers is entitled to unpaid wages under the 2009 plan. | Evers had a reasonable expectation to be paid under 2009 plan for work performed December 2009–January 2010. | The 2010 plan retroactively governed 2010 payouts, not the 2009 plan; no retroactive wage entitlement. | Genuine issue of material fact; trial needed on retroactivity of wages. |
| Whether Safety-Kleen terminated Evers in retaliation for whistleblowing regarding the 2010 plan. | Termination was retaliatory for Evers’ discussions about going to the labor board over the retroactive plan. | Decision to eliminate the position was economically motivated; no but-for causation shown. | Evers’ retaliation claim fails; no sufficient showing of protected conduct causally driving termination. |
Key Cases Cited
- Demasse v. ITT Corp., 194 Ariz. 500 (Arizona Supreme Court, 1999) (retroactivity limits on earned wages; post-performance changes cannot reduce wages)
- Mt. Healthy City School Dist. Bd. of Educ. v. Doyle, 429 U.S. 274 (U.S. Supreme Court, 1977) (two-step burden-shifting: protected conduct plus vs. same-action alternative)
- Wagner v. City of Globe, 150 Ariz. 82 (Arizona Supreme Court, 1986) (public policy whistleblowing exception to wrongful discharge)
- Wagenseller v. Scottsdale Memorial Hospital, 710 P.2d 1025 (Arizona Supreme Court, 1985) (public policy and private whistleblowing protections)
- Cohen v. Fred Meyer, Inc., 686 F.2d 793 (9th Cir. 1982) (application of McDonnell Douglas framework to retaliation claims)
- Bd. of Cnty. Comm’rs, Wabaunsee Cnty., Kan. v. Umbehr, 518 U.S. 668 (U.S. Supreme Court, 1996) (Mt. Healthy approach adopted to avoid protected conduct-based advantage)