00-3840 Olsen v. Marshall & Ilsley Corporation, et al.

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“Olsen argues that Mid-State’s poor-performance rationale has no basis in fact because his personal sales performance improved before his termination. He points to his performance results for the month preceding the month of his termination in which he met over 100% of his personal sales goals for that month. The record reveals, however, that for the majority of his tenure as Mauston branch manager, Olsen consistently failed to meet his personal sales goals despite Mid-State’s repeated admonitions to improve his performance. Mid-State likely viewed his one month of exceptional performance as an anomaly rather than an indication that a new era of improved performance had begun.”

“Olsen commits similar errors in his attempts to rebut Mid-State’s assertion that he was a poor manager. He argues that Mid-State’s poor-manager rationale has no factual basis but fails to sufficiently contradict salient facts that provide support for Mid-State’s explanation. For example, Olsen claims that his relations with branch employees had improved by the date of his termination. He does not dispute, however, that in October 1997 several Mauston branch employees called a meeting during which they expressed to Olsen their concerns about his lack of leadership in the sales arena, encroaching management style, and poor customer relations skills. And, despite Olsen’s unsubstantiated assertion to the contrary, there is evidence that at least one of the employees continued to express concerns about his managerial style until the date of his termination, ultimately suggesting to her supervisors that she would resign if Olsen continued to misuse her time and abilities. Even assuming that Olsen has presented evidence from which a jury could conclude that his employee relations had improved (and he has not), the undisputed evidence clearly provides factual support for Mid-State’s assertion. And because there is some factual basis for Mid-State’s belief that Olsen was a poor manager, there is no legal basis for us to conclude that a reasonable factfinder could find its explanation a pretext for discrimination.”

Affirmed.

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Williams, J.