484 F. App'x 1
6th Cir.2012Background
- Krumheuer, a claims adjuster for GAB Robins in Cleveland, was discharged in Feb 2007 after a period of declining performance and attendance.
- Supervisor Kral issued a written warning on Oct 9, 2006 for overdue diary entries and failing to follow attendance procedures.
- Plaintiff took medical leave for heart issues in Oct 2006 and was later cleared to return, with additional medical requests in Dec 2006 and Jan 2007.
- Kral informed Plaintiff his workload would be reduced, but warned continued noncompliance could lead to termination; written warnings followed.
- Plaintiff was laid off Feb 7, 2007 as part of a nationwide staff reduction, amid ongoing performance concerns and prior warnings; plaintiff alleged FMLA retaliation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff proved causal link between FMLA leave and termination | Krumheuer asserts temporal proximity and notice support causation | GAB Robins cites legitimate, non-discriminatory reasons (staff reduction, performance) | Summary judgment affirmed; no causal proof of retaliation |
Key Cases Cited
- DiCarlo v. Potter, 358 F.3d 408 (6th Cir. 2004) (temporal proximity can show causal link in retaliation)
- Muhammad v. Close, 379 F.3d 413 (6th Cir. 2004) (temporal proximity evidence may indicate retaliation)
- Arban v. West Publ’g Corp., 345 F.3d 390 (6th Cir. 2003) (framework for FMLA retaliation proof and burden-shifting)
- Killian v. Yorozu Automotive Tenn, Inc., 454 F.3d 549 (6th Cir. 2006) (McDonnell Douglas framework and causation discussion)
- Holzemer v. City of Memphis, 621 F.3d 512 (6th Cir. 2010) (totality of circumstances in retaliation claims)
- Taylor v. Union Institute, 30 F. App’x 443 (6th Cir. 2002) (FMLA protection limits in layoffs)