Johnson v. DOLLAR GENERAL
2011 U.S. Dist. LEXIS 15590
N.D. Iowa2011Background
- Johnson, a Dollar General store manager in Garner, IA, was employed Jan 2008–May 2009; he suffered a heart attack in Nov 2008.
- April 30–May 5, 2009, Johnson was sick and missed work; he used vacation time and sought medical treatment.
- Michael Williams, Johnson’s supervisor, criticized him and terminated him after illness-related absence.
- Dollar General is a large national retailer (over 8,000 stores) with many employees within 75 miles of Johnson’s workplace.
- Johnson alleged FMLA violations and COBRA rights; defendants moved to dismiss for failure to plead eligibility, notice, and plan administration.
- The court granted Johnson leave to amend, but dismissed FMLA, wrongful discharge, COBRA, and punitive damages claims, without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMLA eligibility required? | Johnson was an eligible employee based on tenure and hours. | Johnson failed to plead 1,250 hours and 12 months; not clearly eligible. | Not plausible; Johnson failed to plead essential eligibility facts. |
| Serious health condition established? | Illness and heart history plausibly a serious condition. | No inpatient care or continuing treatment alleged. | Insufficient facts to show a serious health condition. |
| Notice/awareness of need for FMLA leave? | Employees informed supervisor and missed days; employer should know. | No notice of need for FMLA leave; blanket sick call insufficient. | Failure to plead sufficient notice. |
| COBRA claim viability? | Defendants failed to offer COBRA rights post-termination. | Need to allege plan administrator identity and specific benefits; insufficient. | COBRA claim dismissed for lack of factual pleading. |
| Punitive damages available? | Liquidated damages possible under FMLA in some circumstances. | Punitive damages unavailable under FMLA/COBRA. | Punitive damages not recoverable; claim dismissed. |
Key Cases Cited
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2d Cir. 2007) (pleading must plead plausible entitlement to relief; not mere recitals)
- Ashcroft v. Iqbal, 129 S. Ct. 1937 (U.S. 2009) (heightened pleading standard; not mere conclusory allegations)
- Parkhurst v. Tabor, 569 F.3d 861 (8th Cir. 2009) (claims must be plausible on face)
- B & B Hardware, Inc. v. Hargis Indus., Inc., 569 F.3d 383 (8th Cir. 2009) (pleading requires factual allegations showing a plausible claim)
- Iqbal v. Ashcroft, 129 S. Ct. 1937 (U.S. 2009) (reinforces plausibility standard for pleading)
- Woods v. DaimlerChrysler Corp., 409 F.3d 984 (8th Cir. 2005) (serious health condition continuity requires sufficient factual allegations)