Opinion

Young v. Green

Court
District Court, W.D. Tennessee
Filed
Mar 26, 2025
Cited by
0 cases
Authority
More cited than 34.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE

WESTERN DIVISION

______________________________________________________________________________

BENJAMIN YOUNG,

Plaintiff,

v. Case No. 2:23-cv-02327-MSN-tmp

JURY DEMAND

MYLES GREENE and

UNITED PARCEL SERVICE,

Defendants.

______________________________________________________________________________

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION

FOR JUDGMENT ON THE PLEADINGS

______________________________________________________________________________

Before the Court is Defendant United Parcel Service, Inc. (“UPS”) and Myles Greene’s

Motion for Judgment on the Pleadings (ECF No. 33), filed January 26, 2024. Plaintiff Benjamin

Young filed a Response in Opposition on February 12, 2024 (ECF No. 37). For the reasons stated

below, Defendants’ Motion is GRANTED in part and DENIED in part.

BACKGROUND

A. Procedural History

Plaintiff initiated this action on May 22, 2023 (ECF No. 1), and filed his First Amended

Complaint (ECF No. 11) on July 11, 2023, asserting claims against UPS and Mr. Greene for

defamation (slander), tortious interference with a business relationship, retaliation under the

Tennessee Disability Act (“TDA”), and retaliation under the Family and Medical Leave Act

(“FMLA”) Defendants filed their Answer (ECF No. 31) on October 12, 2023.

On February 9, 2024, Plaintiff filed a Motion to Dismiss Defendant Myles Greene1 (ECF

No. 35) and a Response in Opposition to Defendants’ Motion for Judgment on the Pleadings (ECF

No. 34). Due to electronic signature deficiencies, the Clerk issued a Deficiency Notice (ECF No.

36). While Plaintiff properly refiled his Response (ECF No. 37), Plaintiff never corrected the

Motion to Dismiss. Similarly, Plaintiff’s attempted filing of a Second Amended Complaint (ECF

No. 38) on April 21, 2024, contained deficiencies that were never corrected. Under Electronic

Case File Policies & Procedures § 12.3, these uncorrected filings are not before the Court.

B. Plaintiff’s Claims

According to the First Amended Complaint, Plaintiff, a former UPS employee, alleges he

was wrongfully terminated following an internal complaint made by Mr. Greene. (ECF No. 11 at

PageID 11–13.) Specifically, Plaintiff alleges that in June 2022, Mr. Greene falsely reported to

UPS management that Plaintiff had used racial slurs, ultimately leading to Plaintiff’s termination

on July 17, 2022. (Id.)

Plaintiff further alleges that he has diabetes, which substantially limits his ability to eat and

work, and that UPS regarded him as disabled. (Id. at PageID 13.) He contends he could perform

his job’s essential functions with certain accommodations, including intermittent medical leave.

(Id. at Page ID 13 & 15.) Plaintiff claims UPS terminated him in retaliation for requesting

accommodations while treating similarly situated non-disabled employees more favorably,

specifically citing Willie Isom, a black manager without a disability who allegedly engaged in

misconduct but was retained. (Id. at Page ID 13–15.)

1 Plaintiff sought to voluntarily dismiss his claims against Defendant Myles Greene without

prejudice under Rule 41(a)(3), citing jury confusion and Mr. Greene’s alleged inability to pay a

judgment (ECF No. 35 at PageID 93), that motion was never properly filed. The Court’s ruling

on the present motion effectively achieves the dismissal of Mr. Green albeit with prejudice through

Rule 12(c).

Additionally, Plaintiff asserts he took intermittent FMLA leave for his diabetes and shortly

before his termination, requested FMLA leave to care for his father who had dementia. (Id. at

PageID 14–15.) He alleges UPS failed to provide proper FMLA notices, made negative comments

about his protected absence, and terminated him in retaliation for exercising FMLA rights. (Id. at

PageID 14–15.)

STANDARD OF REVIEW

Federal Rule of Civil Procedure 12(c) provides that “[a]fter the pleadings are closed—but

early enough not to delay trial—a party may move for judgment on the pleadings.” Fed. R. Civ.

P. 12(c). A Rule 12(c) motion for judgment on the pleadings is reviewed under the same standard

as a Rule 12(b)(6) motion to dismiss. See Gavitt v. Born, 835 F.3d 623, 639 (6th Cir. 2016); Fritz

v. Charter Twp. Of Comstock, 592 F.3d 718, 722 (6th Cir. 2010); Hunter v. Ohio Veterans Home,

272 F. Supp. 2d 692, 694 (N.D. Ohio 2003).

In deciding a motion to dismiss for failure to state a claim under Rule 12(b)(6), the

court accepts the plaintiff’s “plausible factual allegations as true and draw[s] all reasonable

inferences” in the plaintiff’s favor. Marchek v. United Servs. Auto. Ass’n, 118 F.4th 830, 833 (6th

Cir. 2024); Cook v. Ohio Nat’l Life Ins. Co., 961 F.3d 850, 855 (6th Cir. 2020). Using this

framework, the court determines whether the complaint alleges “sufficient factual matter, accepted

as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678

(2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is plausible on its

face if “the plaintiff pleads factual content that allows the court to draw the reasonable inference

that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678 (citing Twombly,

550 U.S. at 556). A complaint need not contain detailed factual allegations; however, a plaintiff’s

“[t]hreadbare recitals of the elements of a cause of action, supported by mere

conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at

556). In other words, “a plaintiff must allege facts that, when taken as true, state a claim to relief

that is plausible on its face and that rises above the speculative level.” Bray v. Bon Secours Mercy

Health, Inc., 97 F.4th 403, 410 (6th Cir. 2024) (cleaned up). If a court decides, in light of its

judicial experience and common sense, that the claim is not plausible, the case may be dismissed

at the pleading stage. Iqbal, 556 U.S. at 679.

A district court is not permitted to consider matters beyond the complaint” when

considering a motion to dismiss under Rule 12(b)(6). Mediacom Se. L.L.C. v. BellSouth Telcoms.,

Inc., 672 F.3d 396, 399 (6th Cir. 2012). If a court considers material outside of the pleadings, the

motion to dismiss must be converted into a motion for summary judgment under Federal Rule of

Civil Procedure 56, “and all parties must be given a reasonable opportunity to present all material

pertinent to the motion.” Rondigo, L.L.C. v. Twp. of Richmond, 641 F.3d 673, 680 (6th Cir.

2011). A court may, however, consider exhibits attached to the petition as well as exhibits attached

to the motion to dismiss “so long as they are referred to in the [c]omplaint and are central to the

claims contained therein,” without converting the motion to one for summary judgment. Bassett

v. NCAA, 528 F.3d 426, 430 (6th Cir. 2008).

DISCUSSION

A. Defamation (Slander) Claim

Defendants argue that Plaintiff’s defamation claim fails for two reasons: (1) it is barred by

the six-month statute of limitations under T.C.A. § 28-3-10, and (2) the alleged statements

constitute intra-corporate communications that do not qualify as “publication” for defamation

purposes. (ECF No. 33 at Page ID 78–79.) In response, Plaintiff does not address the statute of

limitations argument and contends that Defendants’ “gamesmanship in waiting to file under Rule

12(c) should be rejected. (ECF No. 37 at PageID 97.)

Under Tennessee law, to establish a claim for defamation a plaintiff must prove: (1) a party

published the statement; (2) with knowledge that the statement is false and defaming to the other;

or (3) with reckless disregard for the truth of the statement or with negligence in failing to ascertain

the truth of the statement. Hibdon v. Grabowski, 195 S.W.3d 48, 58 (Tenn. Ct. App. 2005) (citing

Sullivan v. Baptist Mem’l Hosp., 995 S.W.2d 569, 571 (Tenn. 1999)).

Publication requires communication of the defamatory matter to a third person. Brown v.

Christian Bros. Univ., 428 S.W.3d 38, 50 (Tenn. Ct. App. 2013) (citing Quality Auto Parts Co. v.

Bluff City Buick Co., 876 S.W.2d 818, 821 (Tenn. 1994)). In the case of slander, publication occurs

when the defamatory matter is spoken. Id. However, Tennessee courts have recognized an

exception for certain “intra-corporate communications,” which do not constitute publication. Z.J.

v. Vanderbilt Univ., 355 F. Supp. 3d 646, 687 (M.D. Tenn. 2018) (quoting Woods v. Helmi, 758

S.W.2d 219, 223 (Tenn. Ct. App. 1988)). Under this doctrine, "where a communication is made

to a servant or business associate in the ordinary and natural course of business, there is no

actionable defamation." Clark v. Hoops, LP, 709 F. Supp. 2d 657, 671 (W.D. Tenn. 2010) (quoting

Freeman v. Dayton Scale Co., 159 Tenn. 413, 19 S.W.2d 255, 256 (Tenn. 1929) (cleaned up)).

Even if a plaintiff establishes the elements of defamation, Tennessee law imposes a statute

of limitations on such claims. For oral defamation (slander), an action must be commenced within

six months after the words are uttered. Tenn. Code Ann. § 28-3-103 ("Actions for slanderous

words spoken shall be commenced within six (6) months after the words are uttered.").

The Court finds that Plaintiff’s defamation claim fails for two independent reasons. First,

the claim is clearly time-barred. Here, the Amended Complaint explicitly states that Mr. Greene

made the allegedly defamatory statements in June 2022. (ECF No. 11 at PageID 12.) However,

Plaintiff did not file this action until May 2023. (ECF No. 1), approximately eleven months later

and well beyond the statutory deadline. Plaintiff has not contested this timing or argued for any

tolling.

Second, Mr. Greene’s report to UPS management falls within the intra-corporate

communications doctrine. Such internal reports of potential misconduct are the type of business

communication this doctrine is meant to protect. The fact that the report led to adverse action does

not remove it from this protection.

Accordingly, Defendants’ Motion is GRANTED as to Plaintiff’s defamation claim. Those

claims are DISMISSED WITH PREJUDICE.

B. Tortious Interference with a Business Relationship Claim

Defendants argue that Plaintiffs fail to plead sufficient facts showing improper motive or

means. (ECF No. 33 at Page ID 79–81.) Plaintiff responds generally that his allegations satisfy

notice pleading standards. (ECF No. 37 at PageID 97–98.)

Under Tennessee law, to establish tortious interference with a business relationship, a

plaintiff must prove: (1) an existing business relationship with specific third parties or a

prospective relationship with an identifiable class of third persons; (2) the defendant’s knowledge

of that relationship; (3) defendant’s intent to cause the breach or termination of the business

relationship; (4) the defendant’s improper motive or means; and (5) damages resulting from the

tortious interference. Trau-Med of Am., Inc. v. Allstate Ins. Co., 71 S.W.3d 691, 701 (Tenn. 2002).

The fourth element—improper motive or means—requires particular scrutiny. When

alleging improper motive, a plaintiff must demonstrate that the defendant’s predominant purpose

was to injure the plaintiff. Lamdin v. Aerotek Commer. Staffing, No.: 3:10-CV-280, 2010 U.S.

Dist. LEXIS 105306, at *20 (E.D. Tenn. Sept. 30, 2010) (citing Trau-Med of Am., Inc. v. Allstate

Ins. Co., 71 S.W.3d 691, 701 n.5 (Tenn. 2002)). Mere speculation and conclusory allegations that

a defendant acted with intent are sufficient to satisfy this element. Ingram v. Tenn. Dep’t of Health,

No. 3:17-cv-01565, 2021 U.S. Dist. LEXIS 148840, at *55 (M.D. Tenn. Aug. 9, 2021).

Alternatively, a plaintiff may establish the fourth element by proving improper means.

Lamdin, 2010 U.S. Dist. LEXIS 105306, at *20–21 (citing Trau-Med of Am., Inc. v. Allstate Ins.

Co., 71 S.W.3d 691, 701 n.5 (Tenn. 2002)). As the Tennessee Supreme Court has explained, while

“precise, all-encompassing definition of the term ‘improper’ is neither possible nor helpful,”

improper means generally encompasses conduct that is illegal or independently tortious. Trau-

Med of Am., Inc., 71 S.W.3d at 701 n.5. Examples include:

violations of statutes, regulations, or recognized common-law rules, violence,

threats or intimidation, bribery, unfounded litigation, fraud, misrepresentation or

deceit, defamation, duress, undue influence, misuse of inside or confidential

information, or breach of a fiduciary relationship, and those methods that violate

an established standard of a trade or profession, or otherwise involve unethical

conduct, such as sharp dealing, overreaching, or unfair competition.

Id. (cleaned up).

The Court finds that Plaintiff’s allegations are insufficient to state a plausible claim. While

Plaintiff conclusory asserts Mr. Greene acted “in an intentional attempt to get Plaintiff fired.”

(ECF No. 11 at PageID 12.) Plaintiff pleads no facts suggesting Mr. Greene’s predominant purpose

was to injure him rather than report perceived misconduct. Similarly, Plaintiff identifies no

improper means beyond the alleged defamation, which fails for the reasons stated above.

Accordingly, Defendants’ Motion is GRANTED as to Plaintiff’s tortious interference

claim. Those claims are DISMISSED WITH PREJUDICE.

C. Retaliation Under Tenn. Code Ann. § 8-50-103(b)

Defendants argue that Plaintiff’s retaliation claim fails because Plaintiff admits to being

terminated for non-retaliatory reasons, using racial slurs. (ECF No. 33 at PageID 81–82.) Plaintiff

responds that this mischaracterizes his allegations, which state UPS’s reason was pretextual. (ECF

No. 37 at PageID 99.)

The TDA, codified at Tenn. Code Ann. § 8-50-103, prohibits employers from

discriminating against employees “based solely upon any physical, mental or visual disability of

the applicant, unless such disability to some degree prevents the applicant from performing the

duties required by the employment sought or impairs the performance of the work involved.”

Tenn. Code Ann. § 8-50-103(b). Tennessee law also prohibits retaliation against people who

oppose discriminatory practices or participate in related investigations or proceedings. Tenn. Code

Ann. § 4-21-301(a)(1); Chapman v. Olymbec USA, L.L.C., No. 2:18-cv-02842, 2020 U.S. Dist.

LEXIS 73083, at *7 (W.D. Tenn. Apr. 23, 2020).

To establish a prima facie case under the TDA, a plaintiff must show: (1) that plaintiff

engaged in an activity protected by the relevant statutes; (2) that the exercise of his civil rights

were known by the defendant; (3) that, thereafter, the defendant took an employment action

adverse to the plaintiff; and (4) that there was a causal connection between the protected activity

and the adverse employment action. Cardenas-Meade v. Pfizer, Inc., 510 F. App'x 367, 372 (6th

Cir. 2013) (citing Hollins v. Atl. Co., 188 F.3d 652, 661 (6th Cir. 1999)). Courts interpret and

apply TDA claims under the same analytical framework as claims brought under the Americans

with Disabilities Act. Id. at 369 n.2 (citing Sasser v. Quebecor Printing Corp., 159 S.W.3d 579,

584 (Tenn. Ct. App. 2004)).

The Court finds Plaintiff has stated a plausible claim. Contrary to Defendants’

characterization, the Amended Complaint does not admit Plaintiff used racial slurs but rather

alleges this was a false pretext for discrimination. (ECF No. 11 at PageID 13–14.) Plaintiff alleges

he requested disability accommodations, was qualified to perform his job with such

accommodations, and was terminated while similarly situated non-disabled employees who

engaged in misconduct were retained. (Id.) These allegations, accepted as true at this stage,

sufficiently state a claim.

Accordingly, Defendants’ Motion is DENIED as to Plaintiff’s Tennessee Disability Act

retaliation claim.

D. Retaliation Under the Family and Medical Leave Act

Defendants argue that Plaintiff’s FMLA retaliation claim fails because his termination was

unrelated to any protected activity. (ECF No. 33 at PageID 82–83.) Plaintiff responds by pointing

to specific allegations regarding his FMLA requests, UPS’s failure to provide proper notices,

negative comments about his absence, and temporal proximity to his termination. (ECF No. 37 at

PageID 100.)

To establish FMLA retaliation, a plaintiff must show (1) exercise of FMLA rights, (2)

adverse employment action, and (3) causal connection. Alexander v. Kellogg USA, Inc., 674 F.

App'x 496, 501 (6th Cir. 2017).

The Court finds that Plaintiff has stated a plausible FMLA retaliation claim. The Amended

Complaint alleges that Plaintiff took FMLA leave for his diabetes, requested additional FMLA to

care for his father with dementia, and was terminated shortly thereafter. (ECF No. 11 at PageID

14–15.) As with his TDA claim, Plaintiff denies the proffered reasons for his termination were

legitimate. These allegations sufficiently suggest a retaliatory motive at the pleading stage.

Accordingly, Defendants’ Motion is DENIED as to Plaintiff’s FMLA retaliation claim.

CONCLUSION

For the reasons stated above, Defendants’ Motion for Judgment on the Pleadings (ECF No.

33) is GRANTED in part and DENIED in part. Plaintiff’s defamation and tortious interference

claims are DISMISSED WITH PREJUDICE. Plaintiff’s retaliation claims under the Tennessee

Disability Act and the Family and Medical Leave Act shall proceed.

IT IS SO ORDERED, this 26th day of March, 2025.

s/ Mark S. Norris

MARK S. NORRIS

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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