611 F. App'x 310
6th Cir.2015Background
- Robert Festerman, a Wayne County jail deputy (Oct 2007–Jun 2012), experienced chest pains at work on Mar 3, 2012, was hospitalized overnight, and later obtained a physician’s note limiting work to 8 hours/day.
- Festerman alleges he gave the doctor’s note to supervisors on Mar 12, 2012; Wayne County initially accommodated reduced hours informally but announced on Mar 29, 2012 that employees with doctor’s notes would still be assigned mandatory overtime and could receive Conduct Incident Reports (CIRs) for refusals.
- Festerman received CIRs for refusing overtime in early April; on Apr 9 he met Human Resources, was told how to apply for intermittent FMLA leave, and later submitted a formal leave packet (Apr 13) and a written leave request (May 3); Wayne County issued preliminary intermittent-leave approval on May 7 subject to Central Personnel approval.
- While the FMLA process was pending, Wayne County revised Festerman’s job description (raising weekly hours and listing mandatory overtime as essential) and investigated a coworker who wore a mocking t‑shirt about medical notes; Festerman complained and resigned on Jun 20, 2012 alleging harassment and that he was forced to quit.
- Festerman sued for FMLA interference and retaliation; the district court granted summary judgment for Wayne County; the Sixth Circuit reversed and remanded, finding genuine disputes of material fact on notice, denial of benefit (constructive discharge), and retaliation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Festerman provided sufficient notice of a serious health condition before Apr 9, 2012 | Festerman says the Mar 12 doctor’s note combined with the Mar 3 workplace hospitalization gave the employer enough information to reasonably conclude a FMLA-qualifying condition existed | Wayne County contends formal written leave was required and that notice wasn’t effective until Apr 9 (HR meeting) or May 3 (written request) | Reversed: triable issue exists whether the Mar 12 note + surrounding events satisfied §825.303(b) and the employer’s customary notice practice in effect then |
| Whether Festerman was denied an FMLA benefit (interference) | Festerman contends constructive discharge and continued CIRs/administrative review after notice show he was harmed by interference | Wayne County argues Festerman voluntarily resigned and was preliminarily granted leave, so no FMLA benefit was denied | Reversed: constructive discharge can constitute harm; factual disputes preclude summary judgment |
| Whether Festerman established prima facie retaliation under FMLA | Festerman contends (1) he engaged in protected activity, (2) employer knew, (3) adverse actions followed (CIRs, job-description changes, hostile investigation), and (4) causation exists | Wayne County disputes notice/timing and causal link, and asserts legitimate nondiscriminatory reasons for actions | Reversed: plaintiff raised triable issues on notice, causation, and whether employer’s reasons were pretextual; jury must decide |
| Whether working conditions were objectively intolerable (constructive discharge) | Festerman points to harassment, unrescinded CIRs, job-requirement change that contradicted doctor’s note, and mishandled investigation | Wayne County minimizes the t‑shirt/harassment, notes preliminary leave approval and denies intent to force resignation | Reversed: material facts exist showing conditions could be objectively intolerable and intended to force resignation |
Key Cases Cited
- Donald v. Sybra, Inc., 667 F.3d 757 (6th Cir. 2012) (summary judgment standard and FMLA notice elements)
- Brenneman v. MedCentral Health Sys., 366 F.3d 412 (6th Cir. 2004) (doctor’s note may supply FMLA notice when it identifies qualifying condition)
- Wallace v. FedEx Corp., 764 F.3d 571 (6th Cir. 2014) (employee must give enough information for employer to reasonably conclude a FMLA event occurred)
- Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81 (2002) (FMLA remedies are tailored to harm sustained by reason of violation)
- Savage v. Gee, 665 F.3d 732 (6th Cir. 2012) (elements for constructive discharge)
- Bryson v. Regis Corp., 498 F.3d 561 (6th Cir. 2007) (prima facie burden for retaliation is minimal; temporal proximity can show causation)