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.
Kathleen Ryl-Kuchar began working as a dishwasher at Care Centers, Inc. (“CCI”) at the age of 15. Seventeen years later, she held the salaried position of dietary consultant. Ryl-Kuchar became pregnant with triplets in 2002. She continued working on site until May of 2003, at which time she began working from home. She performed her normal duties with the blessing of CCI management, although her total hours dropped below 35 hours a week. With the help of her family, Ryl-Kuchar returned to work full-time shortly after she gave birth. Her return was short-lived, however. She soon commenced FMLA leave and never returned, deciding instead to resign. In mid-November, CCI’s employee benefits arm determined that Ryl-Kuchar had become a part-time employee in June and had therefore lost her eligibility for medical benefits. It retroactively canceled her health insurance effective the month before she delivered the triplets. Ryl-Kuchar brought an action under the FMLA, arguing that CCI interfered with her right to health insurance and retaliated against her for her decision to take FMLA leave. The jury awarded her damages. CCI appeals from the district court's denial of its motion for judgment notwithstanding the verdict..jpg)
Tanum Smith was an aide at the Hope School, a residential facility for developmentally disabled children. On two different occasions in 2006, Smith was injured by students. After the second incident, Smith took some time off and received medical attention. Although an independent medical examination approved her return to work without restrictions, her primary care physician restricted her to light-duty and to assignments that did not require her to interact with the school's residents. The school assigned Smith to its dietary department so that she would not interact with residents. Later, she complained that a student approached her in the kitchen. She informed the school that she was leaving and would not return until the school provided her with a safe work environment. There is significant disagreement in the record over what happened next. What is not disputed is that Smith was absent from work many days and, when she submitted her FMLA paperwork, she had altered the physician’s certification form to add a diagnosis for "previous depression." The school found out about the alteration, denied her request for FMLA leave, and began disciplinary proceedings because of her absences. Ultimately, Hope School terminated Smith's employment because of the absences. Smith brought this action alleging that the school interfered with her FMLA rights and that they terminated her employment in retaliation for requesting FMLA leave. The district court granted summary judgment to Hope School. Smith appeals..jpg)
Kevin Cracco was a truck terminal manager at Vitran Express. In late 2006, he was hospitalized with a serious health condition and went on FMLA leave. Cracco's duties were performed by other employees during his absence. The replacement employees discovered a host of problem’s during Cracco’s absence: damaged freight, safety lapses and general disorganization. Vitran's further investigation also discovered falsified freight records. The company terminated Cracco's employment upon his return from leave. Cracco filed suit, alleging that the company violated his FMLA rights. The district court entered a default order when Vitran failed to respond. The court later vacated the default and granted summary judgment to Vitran. Cracco appeals.