Tracy Anderson v. Nations Lending Corporation, 27 F.4th 1300

Tracy Anderson was a Pre-Fund Underwriting Auditor at Nations Lending Corporation (NLC) beginning January 2017 and had responsibility for reviewing loan files for compliance.
Anderson demonstrated recurring performance problems in 2017–early 2018; she received counseling and training and took extended sick leave Oct 2017–Jan 2018 and then FMLA leave from March 19 to June 11, 2018.
While Anderson was on FMLA leave, internal audits and a HUD notice flagged additional loan errors she had made, prompting her supervisor (Gourley) to recommend termination and HR to open an investigation.
Upon Anderson’s return she was directed to catch up on emails, training, and updated guidelines while the investigation continued; NLC completed the investigation June 14 and terminated her on June 15, 2018.
Anderson sued under the ADA (abandoned) and asserted FMLA interference (denial of reinstatement) and FMLA retaliation; the district court granted summary judgment to NLC on all claims, and Anderson appealed the FMLA rulings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
FMLA interference — entitlement to reinstatement	Anderson: Though formally returned, she was not reinstated to active duties (no loan files assigned); NLC’s stated reason is pretextual.	NLC: Anderson was reinstated; it legitimately delayed assigning audit work pending completion of an investigation into longstanding performance problems and would have fired her regardless.	Court: Summary judgment for NLC — Anderson not entitled to reinstatement because evidence shows she would have been fired absent leave and she produced no triable evidence of pretext.
FMLA retaliation — protected leave was motivating factor in termination	Anderson: Timing (errors discovered while on leave, termination after return), supervisor comments about her being "sick a lot," and differential treatment show FMLA leave was a substantial or motivating factor.	NLC: Errors and HR investigation, begun before or independent of leave, were nondiscriminatory reasons; termination followed investigation and supervisory recommendation, not impermissible animus.	Court: Summary judgment for NLC — timing and comments insufficient; undisputed evidence ties termination to performance issues discovered before or during leave.

Lutes v. United Trailers, Inc., 950 F.3d 359 (defines elements of FMLA interference claim)
Goelzer v. Sheboygan County, 604 F.3d 987 (employee not entitled to reinstatement if employer would have fired regardless of leave)
Cracco v. Vitran Express, Inc., 559 F.3d 625 (errors discovered during leave can justify post-leave termination absent evidence of pretext)
Kohls v. Beverly Enters. Wis., Inc., 259 F.3d 799 (employer may fire for poor performance even if employee took protected leave)
Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
Darst v. Interstate Brands Corp., 512 F.3d 903 (plaintiff bears burden to prove interference)
Simpson v. Office of the Chief Judge of the Circuit Court of Will County, 559 F.3d 706 (plaintiff must raise triable issue that she was entitled to reinstatement despite employer’s evidence)
Curtis v. Costco Wholesale Corp., 807 F.3d 215 (summary judgment proper where employer shows undisputed evidence of poor performance discovered independent of leave)