Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wilson v. New Wendys, Inc.

United States District Court, W.D. Louisiana, Monroe Division

November 20, 2019

JAZMINE V. WILSON
v.
NEW WENDYS, INC., ET AL.

          KAREN L. HAYES, MAG. JUDGE

          RULING

          TERRY A. DOUGHTY, UNITED STATES DISTRICT JUDGE

         Pending here is the Motion for Summary Judgment and, in the Alternative, Motion for Partial Summary Judgment [Doc. No. 17] filed by Defendants Northeast Wendy&#3');">39;s Management, Inc.; Ne Wen, Inc., (also referred to as New Wendy&#3');">39;s, Inc.); James R. Fuller, Jr.; Rebecca Fuller; and David Burkett (collectively “Defendants”). Plaintiff Jazmine V. Wilson (“Wilson”) has filed an opposition [Doc. No. 20]. Defendants have filed a reply [Doc. No. 21].

         For the following reasons, the Court GRANTS Defendants&#3');">39; motion for summary judgment.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         Wilson, who is self-represented, brought this action for discrimination in employment pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et. seq. (“Title VII”). In her original Complaint, Wilson named as Defendants: Rebecca Fuller; Northeast Wendy&#3');">39;s Management; New Wendys, Inc.; and David Burkett [Doc. No. 1]. In her amended Complaint, Wilson named as Defendants: Ne Wen Inc., Rebecca Fuller, and James R. Fuller, Jr. [Doc. No. 6].[1" name="FN1" id="FN1">1]

         Wilson was employed by Ne Wen, Inc., formerly Wendy&#3');">39;s Management, Inc., between July 7, 2016, and September 23');">3, 2016, as a shift manager. [Affidavit of Rebecca Fuller, former chief operating officer of Ne Wen, Inc., Doc. No. 17-3');">3, 1');">p.1; Wilson&#3');">39;s EEOC complaint, Doc. No. 1-2]. Ne Wen, Inc. at one time operated several fast food restaurants in Louisiana. In 2016 all assets of the restaurants were sold, and Ne Wen, Inc., is no longer doing business and has no assets [Doc. No. 17-3');">3, 1');">p.1]. Although Wilson named New Wendy&#3');">39;s Inc., as a Defendant, there is no corporation by that name. [Id., p. 2].

         The Fuller Defendants were officers of Ne Wen, Inc. Defendant David Burkett was an attorney who represented Ne Wen, Inc., and served as its registered agent for service of process. [Id., 1');">p.1]

         Wilson, a transgender woman, alleges that her employment was terminated because of her gender identity. Wilson attached to her Complaint approximately thirteen pages addressed to the Equal Employment Commission (“EEOC”) in which she recounts several occasions when underlying employees did not respect her authority and numerous occasions where she disagreed with how the company was being run. In her EEOC charge, she alleges:

My employment as Shift Manager began July 7, 2016. Between July 2016 and September 2016, I performed the duties of Shift Manager at four (4) different locations. My immediate supervisor was Rebecca Fuller. The District Manager was Angela Brunner. Tamika LNU was a Store Manager. During my employment I was disrespected and subjected to the use of foul language by the crew members I supervised. As Shift Manager, I initiated termination procedures for employees who violated company policy, but Ms. Brunner would void the termination and allow the employees to return to work. More specifically, Danielle Tabb and Jimmy Davis were terminated for failing to follow directions/company policy and Ms. Brunner returned them both to the schedule with no discussions. My employment was terminated on September 23');">3, 2016 by Ms. Brunner.

[Doc. No. 1-2, 18');">p. 18].

         Wilson further stated in her EEOC charge:

I was terminated for insubordination because of an altercation between myself and Store Manager, Tamkia; however, when I reported altercations and insubordination towards me by crew members, no action was taken, and they were returned to work.
I believe I have been discriminated against because of my sex/gender identity in ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.