Puricelli v. CNA Insurance Company

Diane Puricelli and Charles Hughes (plaintiffs) both were employees of CNA Insurance Company (CNA) (defendant), working for Continental Insurance Company for several years before CNA took over in May 1995. Both Puricelli and Hughes filed employment discrimination suits against CNA, claiming that CNA had an aggressive management style and engaged in a campaign to remove older workers through harassment and disparaging remarks. Puricelli worked as a litigation supervisor before the takeover. A month later, in June 1995, Puricelli received a performance review from her supervisor, Kevin Romer, in which she was rated as meeting expectations. A year later, in June 1996, Puricelli was put on a 30-day performance-improvement plan. During the 30-day period, Puricelli was given the choice to accept a demotion or possibly face termination if she did not improve. Puricelli accepted the demotion and began reporting to Mark Romano, who reviewed her performance in September 1996, rating her as meeting expectations and awarding her a small bonus to be collected at the end of the year. In December, Puricelli announced she was leaving to work for another company. Puricelli claims that CNA had campaigned to remove older employees, harassing her and disparaging her age, until she left. Hughes also claims that CNA harassed and disparaged him because of his age. After the CNA takeover, Hughes reported to Puricelli until August 1996 as a litigation adjuster. In the summer of 1996, CNA restructured and transferred Hughes to a different department, in which he reported to Romano. Romano evaluated Hughes in September 1996 as not meeting minimum requirements because Hughes could not learn the new computer system and Romano’s approach to claims, although no disciplinary action was taken. In October, Hughes announced that he was retiring and going to work for another company. CNA objected to Hughes and Puricelli’s filing of their suits jointly, arguing that they were misjoined. CNA moved to sever the claims, or in the alternative, sought separate trials of their claims.