Greene v. YRC, Inc.
987 F. Supp. 2d 644
D. Maryland2013Background
- Greene was employed by YRC Freight from 2002 until his termination on October 26, 2012; the dispute was removed to federal court on February 28, 2013.
- Plaintiff asserts three counts in the Amended Complaint: Count I Interference with FMLA rights, Count II Retaliation under the FMLA, and Count III a § 1981 claim.
- Defendant moved to dismiss all counts under Rule 12(b)(6).
- On October 26, 2012 Greene experienced chest pain and anxiety after a pay-related discussion and told a supervisor he could not drive and would seek medical treatment; he later left the premises and was told that his leaving constituted a voluntary quit.
- Dr. Brango diagnosed elevated blood pressure and excused Greene from work 10/26/2012 to 11/4/2012, with a note faxed to Chapman; Chapman treated Greene’s departure as a voluntary quit and Greene was terminated that same day.
- The court analyzes pleading standards for FMLA claims and the viability of §1981 on a motion to dismiss, and permits supplementation to cure pleading deficiencies as to the 1,250-hours requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Greene pleads FMLA eligibility. | Greene qualifies as an eligible employee (12 months, hours unspecified). | Greene has not pled the 1,250-hour requirement. | Notwithstanding 12 months, 1,250 hours must be pled; amendment required. |
| Whether Greene adequately pleads entitlement to FMLA leave. | Symptoms on 10/26/2012 constitute a serious health condition. | Argument whether symptoms meet FMLA serious health condition is disputed. | Plausible that a serious health condition existed; dismissal would be premature. |
| Whether Greene provided adequate notice of FMLA leave. | Notice via coworker relay, direct call to Chapman, and doctor’s note sufficed. | Notes were insufficient or mischaracterized; insufficient notice. | Plaintiff adequately pleaded notice; information together with contact may trigger notice obligations. |
| Whether Counts I–II survive in light of potential legitimate non-FMLA reasons; Count III viability. | Termination may have been to interfere with or retaliate against FMLA rights; race claim under §1981 alleged. | Termination for leaving the work site could be legitimate unrelated to FMLA; §1981 insufficiently pled. | Counts I–II survive only if Plaintiff supplements with the 1,250-hour detail; Count III is dismissed without prejudice. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (Supreme Court 2007) (plausibility pleading standard for Rule 12(b)(6))
- Ashcroft v. Iqbal, 556 U.S. 662 (Supreme Court 2009) (expanded plausibility standard for pleadings)
- Rodriguez v. Smithfield Packing Co., Inc., 545 F.Supp.2d 508 (D. Md. 2008) (elements for FMLA interference claim; notice and entitlement considerations)
- Swierkiewicz v. Sorema N.A., 534 U.S. 506 (Supreme Court 2002) (no heightened pleading standard for discrimination claims)