580 F. App'x 759
11th Cir.2014Background
- Sparks worked as an Expander Operator at Sunshine’s Red Bay, Alabama plant from June 2006 until his termination on August 5, 2010.
- Sunshine followed a three-write-up discipline rule; plant manager had discretion to terminate based on the nature and severity of infractions.
- Sparks received multiple write-ups for production errors (Sept. 17, 2009; Apr. 19, 2010; July 27, 2010; Aug. 3, 2010) and sustained a June 7, 2010 ankle injury with workers’ compensation proceedings.
- Sparks’ July 28, 2010 MRI/possible surgery and related statements were not described as a formal, requested FMLA leave.
- In April 2011 Sparks settled his workers’ compensation claim with Sunshine; the settlement language referenced compromise of all compensation-related claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of release to bar §25-5-11.1 claim | Sparks argues release language did not conclusively preclude his retaliatory-discharge claim. | Sunshine contends Cantrell/Sanders control, and the release here forecloses §25-5-11.1 claims. | Release precludes §25-5-11.1 claim. |
| FMLA interference claim viability | Sparks asserts notice of potential surgery suffices to trigger FMLA protections. | Sunshine argues Sparks did not provide sufficient notice of a need for FMLA leave. | No FMLA interference; record shows no protective notice. |
| FMLA retaliation claim viability | Sparks contends termination was in retaliation for seeking or planning FMLA leave. | Sunshine maintains termination based on performance issues, not protected activity. | No FMLA retaliation; termination tied to performance. |
Key Cases Cited
- Sanders v. Southern Risk Services, 603 So.2d 994 (Ala. 1992) (settlement of workers’ compensation can bar other claims absent fraud or express reservation)
- Cantrell v. Gates Rubber Co., 678 So.2d 754 (Ala. 1996) (settlement of compensation benefits can be conclusive of other claims unless reserved or fraud)
- Aratex Servs., Inc. v. Dudley, 622 So.2d 367 (Ala. 1993) (release language generally releases other claims absent express reservation)
- Dudley v. Mesa Industries, 770 So.2d 1082 (Ala. 2000) (discussed release scope re: §25-5-11; nuances between claims noted)
- Pereda v. Brookdale Senior Living Communities, Inc., 666 F.3d 1269 (11th Cir. 2012) (FMLA protection can apply to pre-eligibility notice and triggering events)
- Ala. Power Co. v. Aldridge, 854 So.2d 554 (Ala. 2002) (prima facie showing requirements for retaliatory discharge patterns)
- Gates Rubber Co. v. Cantrell, 678 So.2d 754 (Ala. 1996) (continued relevance of Cantrell/Sanders on releases in workers’ compensation context)