In early April, a divided panel of the Sixth Circuit Court
of Appeals reversed a summary judgment which had been granted in favor of a
non-profit employer on an FMLA interference claim on the grounds that the
employee’s position would not have been eliminated in an agency-wide restructuring
if the employer had not realized how well it could operate without the
plaintiff during her FMLA leave. Saulter v.
Detroit Area Agency on Aging, No. 12-2203 (6th Cir. 4-4-14).
In a common factual scenario, while the
plaintiff was off work on FMLA leave, her duties were redistributed to vendors
and independent contractors. Upon
realizing during her FMLA leave that
the agency could perform well without her position, the agency decided to eliminate
her position along with a number of other positions during an agency-wide
reorganization. She was notified of the
position elimination during her leave of absence and encouraged to apply for an
independent contractor position (performing some of her former duties) as well
as other open positions. She was not
hired for any of the positions and filed suit.
The majority concluded that the agency was required by the FMLA to
reinstate the plaintiff unless it could show that it would have eliminated her
position even if she had not taken FMLA leave.
However, it was an issue of fact of whether it could meet that burden in
light of admissions by management employees that it had not considered
eliminating the plaintiff’s position until after
her FMLA leave began and because of
how well her duties were redistributed during her FMLA leave.
Nonetheless, the judges agreed on the summary judgment dismissal of her retaliation and whistleblower claims.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.
