FMLA Plaintiff Presents Enough Evidence Of Interference And Retaliation To Survive Summary Judgment
GOELZER v. SHEBOYGAN COUNTY (May 12, 2010)
Dorothy Goelzer began her employment with Sheboygan County, Wisconsin in 1986. In 1999, she became the full-time assistant to Adam Payne, the Administrative Coordinator for the County. For several years, she received consistently favorable performance reviews. Her health deteriorated beginning in 2002. She used over 300 hours of FMLA leave in 2002, over 175 hours in 2003, and almost 100 hours in 2004. Although her health improved in 2005, she continued to take intermittent FMLA leave to care for her mother. Her significant use of FMLA leave was noted negatively in each of her performance reviews and salary discussions during this time. In May of 2006, Goelzer requested two months of FMLA leave for a foot surgery. Although the County approved her request on August 8, she was fired on September 8. Payne had been promoted to the new position of County Administrator on August 15 and, for the first time, had been given the power to fire Goelzer. Goelzer filed an action against the County and Payne. She alleged violations of the FMLA for the County's failure to restore her to her position and for discrimination. The district court granted summary judgment to the defendants. Goelzer appeals.
In their opinion, Judges Bauer, Wood, and Williams reversed. The Court noted two fundamental principles of the FMLA: the right to be restored to one's position (or an equivalent one) upon return from a leave and the right not to be discriminated against for using leave. The only contested issue in Goelzer's interference claim was whether she was terminated to prevent her from being reinstated. Although Payne's stated rationale was his desire for a greater skill set, the Court concluded that there was sufficient evidence for a jury to decide in Goelzer’s favor. That evidence included the many references by Payne over the years to her use of sick leave. The Court next addressed the retaliation claim, which differs from the interference claim by requiring proof of discriminatory intent. Again, the Court concluded that the record supported two possible explanations for Payne's decision to terminate Goelzer. Goelzer was entitled to have a jury select one.
