SIMONS v. BOSTON SCIENTIFIC
2:15-cv-07519
D.N.J.Nov 30, 2017Background
- Michael Simons was a Regional Manager at Boston Scientific from 2009 until his termination in April 2015; he had strong sales performance but a long-running pattern of alcohol-related misconduct beginning around 2011.
- Multiple incidents documented: appearing passed out with open liquor bottles at a conference, slurred speech and inappropriate conduct at business dinners and meetings, bringing an unapproved guest to a national meeting, and failure to complete an earlier inpatient treatment program.
- Management issued a Written Corrective Action (Feb 2014) and a Final Corrective Action (June 2014) warning that further lapses could lead to termination and advising Employee Assistance Program resources.
- In early 2015 Simons continued to appear intoxicated during work events (including a physician meeting and a sales call), was arrested for DUI on a workday (March 12, 2015), then took FMLA leave for inpatient treatment and returned in April 2015.
- Boston Scientific investigated reports of intoxication and other misconduct, learned of the DUI and of Simons’ initial denials, and on April 17, 2015 decided to terminate; Simons was terminated on April 20, 2015.
- Simons sued under NJLAD (disability discrimination and retaliation), FMLA retaliation, CEPA retaliation, aiding-and-abetting (against supervisors), and John Doe claims; the district court granted summary judgment for defendants on all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disability discrimination (NJLAD) — wrongful termination for alcoholism | Simons: terminated because he is an alcoholic; termination was discriminatory and pretextual | Boston Scientific: terminated for repeated unprofessional behavior, poor judgment, rule violations, DUI, and lying during investigation — legitimate nondiscriminatory reasons | Court: Granted summary judgment to defendants; plaintiff failed to show pretext or discriminatory animus |
| FMLA retaliation — termination caused by taking FMLA leave | Simons: was fired in retaliation for requesting/using FMLA for alcohol treatment | Boston Scientific: decision based on cumulative misconduct predating leave; timing alone insufficient to prove causation | Court: No causal link established; FMLA retaliation claim dismissed |
| CEPA / NJLAD retaliation — reporting supervisor's misconduct (December 4 email) | Simons: engaged in protected whistleblowing by reporting alleged harassment and was retaliated against | Boston Scientific: email was not a good-faith whistleblower report, was made to the accused (not HR), and looked retaliatory or opportunistic | Court: CEPA/NJLAD retaliation fails — no protected whistleblowing in good faith and no causal link |
| Aiding-and-abetting (individual supervisors) | Simons: Conaway and Lickovitch aided and abetted discriminatory termination | Defendants: no underlying unlawful act by employer; individual liability requires underlying violation | Court: Dismissed aiding-and-abetting claims because the NJLAD claim fails (no underlying wrongful act) |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for discrimination claims)
- Viscik v. Fowler Equipment Co., 173 N.J. 1 (elements of NJLAD prima facie disability claim)
- Zive v. Stanley Roberts, Inc., 182 N.J. 436 (evaluating prima facie case and employer expectations)
- Fuentes v. Perskie, 32 F.3d 759 (standard for proving pretext/animus)
- Marra v. Philadelphia Hous. Auth., 497 F.3d 286 (temporal proximity and causation in retaliation claims)