Employer Not Entitled To Summary Judgment On Employee's FMLA Retaliation Claim
In
this case, the United States District Court held that a
store owner was not
entitled to summary judgment on a former store manager's retaliation claim under
the Family and Medical Leave Act (FMLA). The manager was terminated only two
days after he returned to work from FMLA leave he requested after being
diagnosed with obstructive sleep apnea. Though the manager established a prima
facie case of retaliation, the employer's proffered reason for his discharge was
legitimate and nondiscriminatory. The employer had informed the manager that his
last Performance Discussion Record was a final warning, he knew he faced
possible termination if his performance did not improve, and the employer even
designated his store as "broken" while he was out on FMLA leave. A fact issue
existed as to whether that reason was pretextual. After working nearly four
years for his employer, the manager's performance was only found substandard one
month prior to his actual discharge, which immediately followed his FMLA leave.
Tapia v. Michaels
Stores, Inc.