597 F. App'x 313
6th Cir.2015Background
- Anderson, hired as a finance controller in Aug 2010, experienced ongoing tension with co-worker Garza, causing stress and health deterioration.
- In Mar 2011, Anderson requested to work from home the next day; supervisor Brown approved but warned it not be a regular arrangement.
- During spring 2011, Brown decided to replace Anderson; McIntosh posted ads and Anderson learned of them in Aug 2011.
- Anderson quit McIntosh in Oct 2011 for a similar role at another company, citing a hostile work environment that worsened her health.
- Anderson filed an FMLA suit in Apr 2013; district court granted summary judgment for McIntosh.
- The issue is whether McIntosh violated or interfered with Anderson’s FMLA rights, or retaliated for protected activity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did McIntosh interfere by not offering leave? | Anderson contends she needed leave for stress-related health issues. | No leave request or notice of need for FMLA leave was made. | No interference; no FMLA notice evident. |
| Was firing based on absences a violation given FMLA eligibility? | Absences tied to health conditions should be protected under FMLA. | Anderson was not yet eligible for FMLA; fired before eligibility. | No violation; ineligibility at the time of action. |
| Did Anderson engage in protected activity under the FMLA to support retaliation claim? | Anderson engaged in protected activity by requesting or taking FMLA leave. | No evidence of FMLA leave request or protected activity. | No retaliation claim; no protected activity shown. |
Key Cases Cited
- Demyanovich v. Cadon Plating & Coatings, LLC, 747 F.3d 419 (6th Cir. 2014) (establishes framework for FMLA interference and eligibility analysis)
- Cavin v. Honda of America Mfg., Inc., 346 F.3d 713 (6th Cir. 2003) (employee must request leave with sufficient notice for FMLA applicability)
- Brohm v. JH Properties, Inc., 149 F.3d 517 (6th Cir. 1998) (employer not obliged to grant leave without employee request or notice)
