Ballato v. Comcast Corp.
676 F.3d 768
8th Cir.2012Background
- Ballato worked for Comcast as a customer account executive beginning in 2007.
- He received intermittent FMLA leave approval on May 18, 2009 for chronic fatigue, depression, and weakness, estimating five days of leave per month.
- He began FMLA leave on May 8, 2009 and continued for about eleven days, with bereavement leave starting May 20 after his mother’s death.
- On June 5, 2009 Comcast began deactivating his access and his supervisors received disturbing emails from Ballato, leading to concerns about health and safety.
- Ballato did not call in or show up for shifts on June 5, 8, and 9, and Comcast treated this as voluntary resignation under its attendance policy; Ballato believed he had been terminated but did not contest the status.
- The district court granted summary judgment for Comcast on Ballato’s FMLA interference claim; the Eight Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Comcast interfered with Ballato’s FMLA rights | Ballato | Comcast | No genuine interference fact established |
| Whether Ballato’s termination was related to FMLA rights or independent of them | Ballato | Comcast | Termination did not arise from FMLA rights; other reasons supported |
| Whether Ballato bore eventual responsibility to seek clarification or request leave | Ballato | Comcast | Ballato failed to act; could resign under policy |
Key Cases Cited
- Stallings v. Hussmann Corp., 447 F.3d 1041 (8th Cir.2006) (interference burden-shifting in FMLA claims; employer must show legitimate non-FMLA reason)
- Throneberry v. McGehee Desha Cnty. Hosp., 403 F.3d 972 (8th Cir.2005) (employer can prevail if it would have terminated absent FMLA, burden on employer)
- Estrada v. Cypress Semiconductor (Minn.) Inc., 616 F.3d 866 (8th Cir.2010) (employer not bound to tell exact termination reason; valid alternative rationale ok)
- Phillips v. Mathews, 547 F.3d 905 (8th Cir.2008) (FMLA retaliation/interference framework)
- Russell v. N. Broward Hosp., 346 F.3d 1335 (11th Cir.2003) (employee must show entitlement to denied FMLA benefit)
- Bacon v. Hennepin Cnty. Med. Ctr., 550 F.3d 711 (8th Cir.2008) (summary judgment standard for FMLA claims)
- Allen v. United States, 590 F.3d 541 (8th Cir.2009) (summary judgment standard; view evidence in light of nonmovant)