STONE v. ST. VINCENT HOSPITAL AND HEALTH CARE CENTER
1:11-cv-00225
| S.D. Ind. | Nov 19, 2012Background
- Plaintiff Brandie Stone was a PRN nurse in the CVPV unit who generally worked full-time hours.
- Hospital requires PRN nurses to work one shift per month; Stone’s schedule sometimes exceeded this baseline.
- On Feb 13, 2009, Stone’s minor daughter was hospitalized; Stone informed supervisor she needed leave for a few weeks.
- Stone claimed she notified she would return around March 16, 2009; she did return on March 16, 2009.
- On March 18, 2009, Stone’s daughter’s condition worsened; supervisor advised family leave and not to worry about the job.
- Stone was terminated on May 17, 2009 for failing to meet the one-shift-per-schedule commitment; termination letter issued May 28, 2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMLA interference due to lack of notice | Stone complied with FMLA timing; hospital interfered by termination. | Stone failed to give written notice or indicate duration; noncompliance justified denial of FMLA benefits. | FMLA claim fails; termination lawful for not following notice requirements. |
| Promissory estoppel viability | Lush promised leave and reassured job security. | Promises were indefinite, non-definitive; no detrimental reliance shown. | Promissory estoppel claim fails; no definite promise or reliance. |
Key Cases Cited
- Gilliam v. UPS, 233 F.3d 969 (7th Cir. 2000) (failure to provide definite return date may bar FMLA relief)
- Goelzer v. Sheboygan Cnty, 604 F.3d 987 (7th Cir. 2010) (elements of FMLA interference claim)
- Burnett v. LFW Inc., 472 F.3d 471 (7th Cir. 2006) (notice requirements for FMLA claims)
- Sembos v. Philips Components, 376 F.3d 696 (7th Cir. 2004) (promissory estoppel requires definite promise and reliance)
- Brown v. Branch, 758 N.E.2d 48 (Ind. 2001) (state-law promissory estoppel elements)
- Vajda v. Arthur Andersen & Co., 624 N.E.2d 1343 (Ill. App. Ct. 1993) (comparative analysis of promissory estoppel elements (cited for similar tests))
- Thomas v. H&R Block E. Enter., Inc., 630 F.3d 659 (7th Cir. 2011) (state-law principles applied by federal court for related issues)