Johnsen v. Oasis Refreshment Services, Inc.
8:14-cv-01598
M.D. Fla.Jul 28, 2014Background
- Plaintiff Derek Johnsen, a former employee of Oasis Refreshment Services, sued in state court asserting Florida claims for workers’ compensation retaliation and unpaid wages (Counts I–II).
- Johnsen amended to add an FMLA interference claim (Count III); defendant removed the case to federal court based on that federal claim.
- Oasis moved to dismiss Count III under Rule 12(b)(6), arguing the amended complaint fails to state an FMLA claim.
- The amended complaint alleges Johnsen had back and neck pain, took a few days off, was told by his supervisor to return with a doctor’s note, and was later terminated.
- The FMLA count chiefly contains conclusory statements that Oasis interfered with FMLA rights, without alleging entitlement to FMLA leave, notice to the employer, or specific acts of interference.
- The Court granted the motion, dismissing Count III without prejudice and gave Johnsen 14 days to amend; if not amended, the case will be remanded for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the amended complaint states an FMLA interference claim | Johnsen alleges Oasis interfered with his FMLA rights by actions described (time off requests, requirement for doctor’s note, termination) | Oasis argues the complaint is conclusory and lacks facts showing entitlement to FMLA leave, employer notice, or how Oasis interfered | Dismissed under Rule 12(b)(6); allegations are conclusory and fail to plead necessary facts; leave to amend granted |
Key Cases Cited
- Erickson v. Pardus, 551 U.S. 89 (2007) (pleading standards require acceptance of factual allegations as true)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (legal conclusions are not entitled to an assumption of truth; pleading must include factual support)
- Davila v. Delta Air Lines, Inc., 326 F.3d 1183 (11th Cir. 2003) (conclusory allegations and legal conclusions will not prevent dismissal)
- Strickland v. Water Works & Sewer Bd. of City of Birmingham, 239 F.3d 1199 (11th Cir. 2001) (elements of an FMLA interference claim require denial or interference with substantive FMLA rights)