Lynn Brushwood v. Wachovia Bank, N.A.
520 F. App'x 154
4th Cir.2013Background
- Brushwood, a Wells Fargo employee since 1998, had prior FMLA leaves for surgery and depression.
- Wells Fargo implemented a point system in January 2010; FMLA leave did not reduce points.
- Brushwood accumulated 62.5 negative points from unscheduled absences by April 2010, leading to a formal warning.
- In May 2010, Brushwood injured her foot; urgent care advised one-day absence; supervisor warned termination if absence continued.
- Brushwood informed supervisor that only one day would be excused; Wells Fargo terminated her on May 4, 2010, finalizing May 7, 2010.
- District court granted summary judgment to Wells Fargo, holding Brushwood failed to give adequate notice of FMLA leave; Fourth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brushwood gave adequate FMLA notice | Brushwood gave notice of injury and need for leave. | Brushwood failed to put Wells Fargo on notice of FMLA-qualifying leave. | No adequate notice; affirmed district court. |
Key Cases Cited
- Dulaney v. Packaging Corp. of Am., 673 F.3d 323 (4th Cir. 2012) (summary judgment review standard; view facts in plaintiff's favor)
- Rhoads v. FDIC, 257 F.3d 373 (4th Cir. 2001) (notice requirements; trigger employer duties when reasonable notice given)
- Cavin v. Honda of America Mfg., Inc., 346 F.3d 713 (6th Cir. 2003) (distinguishes notice adequacy when employee later obtains longer note)
- Stoops v. One Call Communications, Inc., 141 F.3d 309 (7th Cir. 1998) (framework for employee's notice when no contrary medical opinion obtained)
- Aubuchon v. Knauf Fiberglass, GmbH, 359 F.3d 950 (7th Cir. 2004) (notice after termination is ineffective to trigger FMLA duties)