Yong Li v. Raytheon Company

[Yong Li]

Yong Li v. Raytheon Company 05-12035-RGS, U.S. District Court
Yong Li v. Raytheon Company 07-1185 U.S. Court of Appeals for 1st Circuit

Charges: Retaliation, Mental Injury

Facts

In 2002, I filed internal complaint against my ex-task manager Jennifer Lewis for racial discrimination charge.

In 2003, I voluntarily went to Raytheon's facility in Langley Virginia.

In 2004, I came back to Raytheon facility in Marlborough MA. Ms. Lewis started to stare at me whennever we met along, I felt intimidated.

In April of 2004, Ms. Lewis' close friend Ian Mitchell became my department manager. He withheld new assignments from me, asked me to take a job in Towson Maryland. My section manager Scott Oglesby, who worked for Mitchell, started to push me to quit, he said the company's going to layoff and my name was on the list. Under such threat, I applied for the Job in Maryland but failed because the job needed clearance. Oglesby said that I should leave Raytheon because I had problem with Jen Lewis.

At the end of May, 2004, I asked help from project ERAM's managers, they settled an assignment for me in 4 days. I promptly sent an email to HR and complained Oglesby's conduct of pushing me to quit. HR ignored my email.

On 7/17/04, I emailed to Raytheon Asian Pacific Association mail list and spoke out Oglesby and Mitchell's conduct.

On 7/19/04, HR and managers set up a meeting with me, they blamed that I had no security clearance for difficultly finding jobs, despite ERAM's job did not need clearance, despite there were 26 engineers without clearance including Ian Mitchell himself. Nobody informed my of whether there was a layoff plan or whether my name was on the list.

On 7/29/04, Oglesby deliberately denied "no, I never said that [the layoff statement], you can not prove, actually there was no layoff [plan]." I was shocked, I noticed Ms. Lewis' staring became more intensive since I joined ERAM project. I felt physically threatened.

On the same day, I sent an email to HR and addressed my personal safety concern and family safety concern.

[Yong Li]

On 8/3/04, HR asked me to see EAP counselor John Didio, they did not tell me the meeting was a mental evaluation, and I thought Didio was an investigator. Didio did not ask why I felt unsafe, the first question he asked was "Do you want to kill some." I answered “For this question, you should ask them,” Didio became exciting, he stared at me and asked “Do you want to [kill someone] or do you want to [kill yourself]…” each “Do you want to” followed a finger pointing at me. Gripped with panic, I was traumatized and felt raped.

On 8/8/04, under flashback, I sent an email to Raytheon Asian Pacific Association (RAPA) and stated John Didio asked me "do you want to kill someone?"

[Yong Li]

On 8/9/04, Arthur Buliung and Stephanie Kolenski set up a meeting with me in cafeteria, for avoiding re-trauma in small room. Buliung said I could not use company email to address personal issue, and I really felt he was ruthless. I asked why Didio had asked me "do you want to kill someone?" Buliung said "because that email." Kolenski said Didio did not ask "do you want to kill someone" rather he asked "do you want to kill someone OR do you want to kill yourself." On the same day, Buliung sent an email to RAPA and claimed the issue had been resolved.

I took vacation for a week and then back to office.

On 8/23/04, under flashback, I sent an email to Raytheon Ethic office and complaint Didio's conduct.

On 8/26/04, Buliung, Kolenski, MaryAnn King, and Ed Tang (a Chinese) set up a meeting with me. They asked me "stop sending email" and "move forward".

On 8/26/04, Ethich officer Tim Schultz replied my email, he stated that Buliung adviced him that I was asked that "whether you had any thoughts of either hurting yourself or others."

On 8/27/04, I replied Schultz's email, I stated "what the difference between
'Do you want to kill someone ...' and 'Do you want to kill someone ... or do you want to kill yourself ..."

On 8/27/04, I went to King's officer and asked her why Didio treated me as potential murder, she said "because that email." I said "do you know John Didio's interview made me want to suicide," she said "he's [it's] not intentional."

On 8/30/04, under flashback, I sent an email to Raytheon CEO and asked why they treated a victim as a potential murder.

On 8/31/04, Kolenski asked me to go to Paul Clegg's office, together with Irving Kooris. I requested a chinese witness, but they could not find one or not wait for one, and Clegg asked me to get into his office. Once I got in, I was almost falling done and directly retaumatized. I hold my hands on the wall and shrinked myself into a corner and started crying. I asked why Didio treated me as a potential murder, Clegg said "because that email." He announced I was put on administrative leave and ordered to see a doctor. Then Kolenski took away my swipe card and let me out of the building. When I drove home (5 minutes away), I felt my car was going to hit left or right ...

[Yong Li]

In September of 2004, I called Kooris to ask whether Didio produced any report about my mental condition, he refused to give me anything.

On 10/07/04, I went to see Dr. Julie Reade, Kooris referred psychiatrist in MassGen hospital.

On 10/07/04, Raytheon received a brief report from Dr. Reade. Kooris refused to tell me the conclusion but asked me to give Dr. Reade consent to produce a detail report. I gave the consent.

On 10/26/06, Raytheon received the detail report. Kooris refused to tell me the conclusion and claimed they had to discuss.

On 10/27, 28, or 29/04, my attorney Paul Holtzman told me Raytheon wanted me to go back to work, Holtzman said that it seemed that Dr. Reade agreed that I was able to work. However, I knew I was not able to work and I was waiting for my own doctor's conclusion, so that I asked if I could take voluntarily layoff.

On 11/09/04, Raytheon asked me to sign a release to waive my right to sue if I wanted voluntarily layoff, I was scared and declined to sign, and I continued to request Dr. Reade's report.

In mid of November, 2004, my own doctor started helping me apply for STD.

On 11/18/04, Raytheon agreed to send a copy of Dr. Reade's report to my primary physician Dr. Gomez.

After a few days, I requested a copy from Dr. Gomez, but I was told that this report belongs to Raytheon, I have to get a copy from Raytheon. I thought Dr. Reade agreed that I was able to work, so that I did not ask from Raytheon anymore. Later, I changed to a Chinese doctor.

On 11/30/04, Kolenski sent a letter to warn me to go back to work in 6 days notice, and threatened to termination my employment. She told me that MetLife denied my STD on 11/24/04 for lack of medical document, while I did not know the denial before that time. I called Kolenski, asked her to allow me waiting for MetLife approve, and the 6 days notice was too short. She said "I don't care, it's company policy." I did not know that there was no such policy. I sent an email to HR manager Ken Peden to complaint Kolenski's attitude, of course, no reply.

On 12/07/04, Kolenski sent me a notice of FMLA expiration.

In January of 2005, MetLife approved me STD and the representive Ken Lemelle told me they received Dr. Reade's report. I asked what Dr. Reade said, Lemelle said she said that I was not fit to work, my brain became frozen, almost broke down. My mental condition became worse, I started to take risperadal on 11/18/05, and claimed long term disability.

On 1/21/05, Raytheon terminated my employment.

On 1/21/05, I sent an email to Raytheon HR and complained the hiding of doctor's report. Nobody answered me.

On 1/28/05, I sent lettle to Kooris and requested him to send a copy of Dr. Reade's report to my Chinese doctors. No answer.

...

On 9/8/05, in DIA court of Worcester, I received the first copy of Dr. Reade's report from Raytheon's workers compensation attorney Joe Buckley.

-----
Dr. Reade stated in her brief report (10/7/04) that Ms. Li could not return to work. In the letter of 10/26/04, she stated that Ms. Li suffered acute mental illness, depression with psychotic feature, needs medical treatment.

[judg4]

What is the status of all this currently?

Originally Posted by judg4

What is the status of all this currently?

The district judge dismissed this case on 11/30/06.
His order only referred to Raytheon's conclusion, and did not touch on the two alleged adverse employment action, Raytheon managers harassment and HR's homicide interrogation with respect to my personal safety concern.

In the Court of Appeal, the three judges of panel denied my Motion for oral argument and filed case submitted on 5/31/07. I sensed that they are going to dismiss my appeal without provide detail analysis.

---

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 05-12035-RGS

YONG LI
v.
RAYTHEON COMPANY, IAN C. MITCHELL,
and ARTHUR BULIUNG

ORDER ON DEFENDANTS

[Yong Li]

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 05-12035-RGS

YONG LI
v.
RAYTHEON COMPANY, IAN C. MITCHELL,
and ARTHUR BULIUNG

ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

November 30, 2006

STEARNS, D.J.

This action arises out of plaintiff Yong Li’s employment with defendant Raytheon Company and its investigations of Li’s internal race discrimination complaint. Defendants Raytheon, Ian C. Mitchell (Li’s former department manager at Raytheon), and Arthur Buliung (a former Raytheon human resources administrator) move for summary judgment on all of Li’s race discrimination and retaliation claims, and her associated state law claims. Defendants point out that the material facts are undisputed and that there is no evidence supporting Li’s claims1.

The court agrees with Raytheon that Li’s claims fail because, among other things, she is an at-will employee, there is no competent evidence that Raytheon treated Li differently than any other employee, Li presents no competent evidence of retaliatory acts, that she suffered an adverse employment action, that Raytheon engaged in misconduct in its handling of her internal discrimination complaint or the investigation of her failure to return to Raytheon after the expiration of her Family Medical Leave Act (FMLA) leave. Accordingly, for the reasons stated in their supporting memorandum, the motion of defendants Raytheon Company, Ian C. Mitchell, and Arthur Buliung for summary judgment is ALLOWED on Li’s federal claims2.

SO ORDERED.

RICHARD G. STEARNS
UNITED STATES DISTRIC JUDGE
------

1The court is thoroughly familiar with the facts and claims in this case having acted on sixty-five motions of substance and procedure since allowing Li to amend her Complaint in February of 2006.

2The foundational federal claims being dismissed, the court declines to consider Li’s various state-law claims. See Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7 (1988)

[Yong Li]

The alleged adverse employment actions for the Retaliatin charge:

Managers harssment ---

Department manager Ian Mitchell withheld new assignment, and asked me to apply for a job in Towson Maryland, while the job needed clearence and I am not a citizen, nor I had a clearance.

Ex-task manager Jen Lewis offensively stared at me whenever we met along.

Section manager Scott Oglesby kept pushing me to quit and threatened layoff me. When I found a new assignment by myself, he denied his layoff statement and claimed that there was no layoff plan.

As a reasult of their harassment, I suffered anxiety and worried about personal safety and family safety.

HR and EAP imposed mental evaluation ---

HR, through EAP counselor John Didio, asked me "Do you want to kill someone" with respect to my personal safety concern, he physically intimidated me with finger pointing and scurrioules staring at me.
I was traumatized and suffered PTSD.

Subsequent actions includes ---

HR covered up the conduct of the evaluation, and denied that they accused me of wanting to kill someone, put me on administrative leave to silent the victim.

Hid Dr. Reade's report and warned me to go back to work while Dr. Reade stated that I could not return to work.

My mental condition became deterioated and became long term disability eventually.

[msg]

So are parts of the suit still active?

[Yong Li]

Originally Posted by msg

So are parts of the suit still active?

The Appeal for 1st Circuit (07-1185) is still active, but I sensed it will end in Raytheon's favor very soon, because they did not give me a hearing.

My state claims 151b is in state appeal court (2007-P-0156).

My worker compensation case is waiting for judgment this week in Department of Industrial Accidents court.

The most frustrate claim is Title VII retaliation against Raytheon in Federal court. They never gave me a hearing, the summary judgment is an opinion void. They never discussed/analysised my case actually.