Dorsey v. JACOBSON HOLMAN, PLLC
756 F. Supp. 2d 30
D.D.C.2010Background
- Dorsey, a secretary at Jacobson Holman PLLC, went on workers’ compensation leave for carpal tunnel surgery in Sept. 2007 and Dec. 2007.
- The firm treated the leave as FMLA/DCFMLA-protected but gave no rights notice to Dorsey.
- In Feb. 2008, Dorsey applied for disability insurance, which was approved retroactively to Dec. 2007.
- Plaintiffs asserts four claims: failure to contribute to the Profit Sharing Plan for 2007, nonpayment of a 2007 year-end bonus, unpaid accrued vacation, and FMLA/DCFMLA retaliation/interference.
- Defendants—Jacobson Holman PLLC, the Profit Sharing Plan, and Plan Administrator Holman—moved for summary judgment.
- The court granted in part and denied in part, concluding that certain FMLA/DCFMLA and Wage Payment Act claims failed while others survived or were resolved in favor of Defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Profit Sharing Plan eligibility for 2007 contribution | Dorsey remained an employee on 12/31/2007 and met 1,000 hours, so entitled to a contribution | Dorsey was not employed on last day due to disability status; plan requires last-day employment | Dorsey entitled to profit sharing contribution; Defendants liable for breach |
| Unpaid leave under DC Wage Payment Act | Defendants owe unpaid leave and liquidated damages | Unpaid leave handled; discretionary status debated | Liability for unpaid leave and liquidated damages established; issue of fees reserved |
| Year-end discretionary bonus under DC Wage Payment Act | Bonus constitutes wages under DC Wage Payment Act | Discretionary bonuses are not guaranteed wages | Summary judgment for Defendants; discretionary bonus not owed as a matter of law |
| FMLA/DCFMLA retaliation via termination and interference | Termination and failure to notify violated FMLA/DCFMLA rights | Termination permissible post-leave expiration; no pretext shown; notice irrelevant | Summary judgment for Defendants on termination and interference claims |
Key Cases Cited
- Roseboro v. Billington, 606 F. Supp. 2d 104 (D.D.C. 2009) (FMLA interference/retaliation framework; damages requirement)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (Supreme Court 1973) (burden-shifting framework for retaliation claims)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (Supreme Court 1986) (summary judgment standard; genuine issues of material fact)
- Celotex Corp. v. Catrett, 477 U.S. 317 (Supreme Court 1986) (summary judgment burden and proof standards)
- Dogmanits v. Capital Blue Cross, 413 F. Supp. 2d 452 (E.D. Pa. 2005) (FMLA/leave-related termination analysis (cited in context))