Multiple employees testified that it was a common, accepted practice—rather than an offense punished by termination—for PICs to take cakes to the break room. forward because this doesn’t have to happen again,” she added. Get up to 15 points and you get a warning, more than that you can be fired. The district court granted summary judgment to WinCo on all claims. Enter email address to receive updates from Face2face Africa (quoting Godwin, 150 F.3d at 1221). But McCartney denied making the decision to fire Mayes and suggested that HR and Samuelson were the decisionmakers. KATIE MAYES, individually and for and on behalf of dependent beneficiaries; J.M., a minor child; H.M., a minor child; M.M., a minor child; G.M., a minor child; K.M., a minor child, Plaintiffs-Appellants, v. WINCO HOLDINGS, INC., an Idaho corporation, Defendant-Appellee. WinCo argues that the CBA precludes Mayes's federal and state wage claims. WinCo Foods Loss Prevention Agent in Bozeman, Montana Join our Winning Team today and start your ownership journey! Mayes appealed to the employee grievance committee, but the committee upheld the termination decision. Mayes discussed this practice with McCartney and Clark. Direct evidence of discrimination is often not easy to come by. there were any bags, to which he responded no, forcing them to improvise and We review a district court's order granting summary judgment de novo. On July 8, 2011, Mayes was fired for taking a stale cake from the store bakery to the break room to share with fellow employees and telling a loss prevention investigator that management had given her permission to do so. section. A black family is outraged for being debased and subjected to crude racial profiling by a California grocery store employee. A post shared by @ 1novebaby on Mar 16, 2020 at 11:37pm PDT. P. 56(a)). 1999), is not to the contrary. This argument fails because no one at WinCo admitted to making the decision to fire Mayes, and it is impossible to know who believed what at the time Mayes was fired. Patterson and her family were at the grocery Stale cakes usually went to a food bank because the store could no longer sell them. 2004); see also Idaho Code § 67-5909. “Racist or sexist statements constitute such ‘direct evidence’ of discrimination.” Id. We have jurisdiction under 28 U.S.C. 2002)). Watching live footage from a surveillance camera, Samuelson observed McInelly take another cake in the early morning hours of July 8. R. Civ. Samuelson then turned the results of his investigation over to WinCo's human resources department (HR). WinCo Foods began to investigate immediately after the incident took place. WinCo, a grocery store, fired the plaintiff, who supervised employees on the night-shift freight crew, for taking a stale cake from the store bakery to share with fellow employees and telling a loss prevention investigator that management had given her permission to do so. “Tonight March 16 at WINCO IN PITTSBURG, my mom, cousin & I were RACIALLY PROFILED, FOLLOWED, HARASSED & ASSAULTED by Kenny (who would not reveal his last name),” she wrote in the Instagram post. 1998)). To let the bakery staff know that the freight crew had taken a stale cake, Mayes left the universal product code (UPC) sticker on the stales cart. The district court also found that, because WinCo terminated Mayes for gross misconduct, WinCo properly denied her COBRA benefits and credit for accrued vacation under the CBA. In her deposition, Steen acknowledged that she “weigh[ed] in” on the decision. She received scrapes on her knees. Generally, COBRA entitles an employee with employer-provided health insurance to elect continued coverage for a defined period of time after the end of employment. The CBA provides that “[v]acation earned but not taken will not be paid to employees terminated for gross misconduct under the Company Personnel Policies defining gross misconduct.” Because Mayes presented sufficient evidence to create a genuine dispute of material fact regarding why WinCo fired her, Mayes may be entitled to payment for accrued vacation time, and this claim should not have been dismissed at summary judgment. Responsible for overall Loss Prevention activities related to the prevention, apprehension and prosecution of shoplifters. Deputies with the San Bernardino County Sheriff’s Apple Valley Station were dispatched to a shots-fired call just after 12:00 p.m. Thursday, October 25th, 2018. Please do not try to steal from any stores, you will get caught and get arrested. View this and more full-time & part-time jobs in Tacoma, WA on Snagajob. “A grant of summary judgment is appropriate when ‘there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.’ ” Id. This is particularly true when the circumstantial evidence is viewed in conjunction with the powerful direct evidence of Steen's discriminatory comments. Similarly, in Cordova, a supervisor allegedly made two disparaging comments about a Mexican-American employee, including calling the employee a “dumb Mexican.” 124 F.3d at 1147–49. of Trs., 225 F.3d 1115, 1129 (9th Cir. 1989) (affirming an order granting summary judgment on the basis that there was no “nexus” between the discriminatory remark and plaintiff's termination where plaintiff failed to present evidence that the decisionmaker heard discriminatory statements or knew plaintiff's race). Mayes testified that when she first became a PIC, Mark Wright, then WinCo's general manager, gave her permission to take cakes from the store bakery to motivate the crew to stay past the end of their shifts and boost their morale. All rights reserved. During her final years at WinCo, Mayes supervised employees on the night-shift freight crew. 2.   The Second Circuit case cited by WinCo, Brennan v. Metropolitan Opera Assoc., Inc., 192 F.3d 310 (2d Cir. clear plastic produce bags. Loss Prevention Agent salaries at WinCo Foods can range from $26,220 - $40,829. In contrast, Mayes received no negative performance reviews over the course of twelve years with WinCo, earned promotions within the company, and held a supervisory position for approximately five years. See Merrick v. Farmers Ins. Earn up to $16.50/hour (depending on experience) at our soon-to-open Bozeman WinCo! 1.   We present the following facts in the light most favorable to Mayes, the nonmoving party, to the extent supported by the record. See 29 U.S.C. Mayes also told Samuelson that the previous general manager, Wright, had given her permission to take cakes. swarmed in and stuck his hand directly in our cart, and rummaged through the WinCo deemed these actions theft and dishonesty. Firefox, or While in our store, the individual concealed items and left the store without paying. 2005). Apply online instantly. Posting id: 605210027. It has been prepared by court staff for the convenience of the reader. Bellingham WinCo WinCo by TL Lee BELLINGHAM — A video has surfaced in regards to WinCo in Bellingham, it outlines WinCo Loss Prevention and some lead clerks detaining an individual as a woman keep yelling and escalating the situation from behind the Camera. APPLE VALLEY, Calif. (VVNG.com) — Police are investigating a shooting that occurred at the Winco Supermarket located at 19047 Bear Valley Rd in Apple Valley that placed the store on lockdown. Internet Explorer 11 is no longer supported. Google Chrome, I enjoy woking for Winco Foods. at 313, 317. of L.A., 349 F.3d 634, 640 (9th Cir. Title VII's burden-shifting formula requires that plaintiffs first establish a prima facie case of discrimination. After Mayes was fired, WinCo replaced her with a man who had only one month of freight crew experience and no supervisory experience at WinCo. The panel reversed the district court's summary judgment in favor of the defendant on gender discrimination claims under Title VII and the Idaho Human Rights Act, a claim under the Consolidated Omnibus Budget Reconciliation Act, and wage claims under the Fair Labor Standards Act and the Idaho Wage Claim Act. WinCo, Mayes supervised employees on the night-shift freight crew. Mayes brought the cakes to the break room, where the assistant managers sometimes ate cake with the crew. 2003), as amended (Jan. 2, 2004). First, WinCo disputes when Steen learned that the cake-taking investigation would lead to Mayes. The district court granted the motion on April 23, 2014, ruling that although Mayes established a prima facie case of discrimination, she did not present sufficient evidence of pretext for her claims to survive summary judgment. The email address cannot be subscribed. “He did not even introduce himself at all. The district court ruled that Mayes failed to raise a genuine issue of material fact regarding pretext, either directly or indirectly. Here, the district court concluded that Mayes established a prima facie case under McDonnell Douglas, and WinCo concedes this point on appeal. have Kenny and the other gentleman fired and to have better training going The individual was then approached by WinCo Foods’ loss prevention employees, who identified themselves as such. Wright denied giving Mayes this authorization. See id. Steen suggested HR and loss prevention specialist Don Hook made the termination decision. WinCo argues that there is insufficient evidence that Steen affected its “independent” investigation into Mayes's conduct for two reasons. 2000). But Steen acknowledged during the unemployment compensation hearing that she contacted loss prevention only after viewing surveillance footage of Mayes taking stale cake. Olson, the other PIC for the freight crew, stated that he understood that PICs could take stale cakes from the stales cart. The panel held that the district court therefore erred in granting summary judgment because if WinCo fired the plaintiff for discriminatory reasons, rather than gross misconduct, then she could be entitled to COBRA benefits. saying immediately, ‘You guys are stealing and lost prevention has called this Police also told KATU the girl suffered a scraped elbow and knee. On the morning of July 8, Steen called Samuelson to discuss the results of the investigation. Mayes testified that when assistant managers Scott McCartney and Brad Clark worked at the store during Mayes's shift, Mayes discussed with them whether to get a cake for the crew before entering it into the in-store use log. WinCo deemed these actions theft and dishonesty. He presented her with a document banning her from WinCo property for 100 years. The district court therefore erred in dismissing Mayes's COBRA claim at summary judgment. We had called WinCo actually beforehand and they had ... where he came from if he was loss prevention, nothing,” she added. Nor could management have reasonably thought that Mayes lied about having permission if they knew that PICs were allowed to use stale cakes to motivate employees. 424 F.3d at 1038. “When he came from behind us, he immediately DeHorney v. Bank of Am. They then asked a worker in the produce section if The record is to the contrary. 2002) (alteration in original) (quoting Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1221 (9th Cir. An employee can prove pretext either: (1) “directly, by showing that unlawful discrimination more likely motivated the employer”; or (2) “indirectly, by showing that the employer's proffered explanation is unworthy of credence because it is internally inconsistent or otherwise not believable.” Fonseca v. Sysco Food Servs. is why we went there,” Patterson told  MadameNoire. But HR director Karen Stinger testified that she did not remember being involved in Mayes's termination, and Hook testified that, other than speaking with Wright, he played no role in the decision to terminate Mayes. Subscribe, Join the conversation Share your thoughts, Enter Email Address Direct evidence of discriminatory intent consists of “evidence which, if believed, proves the fact [of discriminatory animus] without inference or presumption.” Aragon v. Republic Silver State Disposal Inc., 292 F.3d 654, 662 (9th Cir. Mayes further asserts that in early 2011, Steen criticized her because she had children and could not stay late or come in on her days off. Stay up-to-date with FindLaw's newsletter for legal professionals. For purposes of summary judgment, we must accept the nonmoving party's evidence as true. Nor do Steen's comments fall within the ambit of stray remarks that we have held insufficient to establish discrimination. going to WinCo, we would find most likely what we need. Mayes could not have stolen a cake that she had permission to take. Sometimes stocking the store required long hours from the night-shift freight crew. 1997). McCartney testified that Steen participated in the interviews for Mayes's replacement and had the “final say” on the new PIC for the freight crew. Copyright © 2021, Thomson Reuters. WinCo Foods is a family of 20,000+ employee-owners, with 126 grocery stores and our own distribution and transportation network operating across 10 states in the American West, Pacific Northwest and Southwest. It was error to dismiss Mayes's discrimination claims. He visited the Idaho Falls WinCo store on July 7, 2011, to review video footage, in-store use logs, and sales records for the nights that McInelly and Mayes had taken cakes to the break room. Loss Prevention Agent - Oregon WinCo Foods Hillsboro, OR Just now Be among the first 25 applicants. Confronted by Samuelson, McInelly said that Mayes gave him permission to take the cake. That WinCo purportedly fired Mayes for following a practice described by some witnesses as “common,” and that another PIC thought was authorized, is specific and substantial evidence that WinCo's proffered explanation for her termination is not believable. Mayes's direct evidence alone is sufficient to defeat summary judgment, see Dominguez-Curry, 424 F.3d at 1039 (“[W]e have repeatedly held that a single discriminatory comment by a plaintiff's supervisor or decisionmaker is sufficient to preclude summary judgment for the employer.”), but here, the claim is further bolstered by indirect evidence. To show pretext using circumstantial evidence, in contrast to direct evidence, “a plaintiff must put forward specific and substantial evidence challenging the credibility of the employer's motives.” Vasquez, 349 F.3d at 642. My wife was just stopped and harassed by a Winco loss prevention team. Begin typing to search, use arrow keys to navigate, use enter to select. But when Samuelson interviewed Mayes, she said that she only gave McInelly permission to take cakes from the stales cart. Winco loss prevention officers reported a male and female were in the store with an infant in a baby carrier. “Inferences must also be drawn in the light most favorable to the nonmoving party.” Id. Steen further stated in her deposition that during the cake-taking investigation, she was in contact with McCartney, the employee who informed Mayes that she was being terminated. § 1163(2). ... would be to have Kenny and the other gentleman fired and to … See 29 U.S.C. Face2Face Africa is black owned and operated. Direct evidence need not be “specific and substantial.” Dominguez-Curry v. Nev. Transp. Davis, Bd. Working Loss Prevention for the last two years have really informed me on how money can can be saved with a few easy steps that can me implemented company wide such as teaching employees about shrink, theft, and how to be more efficient in the work place. Nearly twenty years ago, the Supreme Court held in no uncertain terms, “If our precedents leave any doubt on the question, we hold today that nothing in Title VII necessarily bars a claim of discrimination ‘because of ․ sex’ merely because the plaintiff and the defendant (or the person charged with acting on behalf of the defendant) are of the same sex.” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 79 (1998) (alteration in original). After finishing my shopping I was stopped and detained by lose prevention a t Winco, accusing me of stealing $5.81 worth of merchandise. In addition to Wright, other members of the management team knew about the practice of taking cakes for the night-shift freight crew. WinCo also denied Mayes credit for accrued vacation days. of Cal. Second, WinCo argues that it had a good-faith belief that Mayes lied about having permission to take cake and that this insulates the termination decision from any discriminatory motive Steen may have had. Microsoft Edge. Join our family of employee owners! § 1163(2) (excluding termination for “gross misconduct” from list of qualifying events). 1988) (reversing a grant of summary judgment on an age discrimination claim where plaintiff presented evidence that a younger, less qualified person was chosen to replace her).2 The man who replaced Mayes had only worked for WinCo for about three weeks, had no supervisory experience at WinCo, and could only work during limited hours. In sum, circumstantial evidence raises a material dispute of fact regarding pretext. § 2000e-2(a)(1). § 1291, and we reverse. Mayes's failure to give precise dates for the remarks or show a closer temporal link between the comments and her termination does not defeat her claims. Plaintiff Katie Mayes worked at WinCo, an Idaho Falls grocery store, for twelve years. New freight had to be shelved on the first of the month, and if the job was not finished by the end of the freight crew's shift, crew members clocked out and Mayes was left with thousands of items to shelve. 1987). But the record on this point is murky, at best. The Second Circuit held only that the plaintiff had not presented sufficient evidence of pretext for her age discrimination claim to survive summary judgment because her employer thought that the plaintiff and her replacement were the same age based on the plaintiff's own misrepresentations. decided to use a bag for grapefruits, by dumping the fruit into its The problem is being 4 minutes late or 40 minutes late costs you the same amount of points. They claim they have her on video stealing a pack of hair ties and a string of plastic beads two days ago, they waited until we were walking outside the store then stopped with our children, threatening to … Drawing all reasonable inferences in Mayes's favor, we must presume that Steen's alleged bias affected the employment decision. 2014) (en banc). The supervisor further threatened to call the police on the family for “acting crazy” as well as causing a disturbance. 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