Travers v. Cellco Partnership, 579 F. App'x 409

Patricia Travers worked as a Verizon customer-service representative (May 2008–June 2010); she suffered migraines and a heart condition and took FMLA-approved intermittent and continuous leave in 2009–2010.
Travers had multiple prior disciplinary actions for code-of-conduct violations (proactively waiving mail-in rebates, misrepresenting price-match requests, improper promotions) and attendance warnings under Verizon’s progressive discipline policy.
After a reported April 21, 2010 call in which Travers allegedly waived a rebate and misclassified it as an online price match, Verizon placed Travers on termination review; she was terminated on June 21, 2010 (first day back from FMLA leave).
Travers sued for FMLA interference, FMLA retaliation, and ADA discrimination, alleging her termination was pretextual and motivated by her medical leave/condition.
The district court granted summary judgment for Verizon; the Sixth Circuit affirmed, holding (1) Travers received all FMLA leave owed (so no interference), and (2) Travers failed to show pretext for FMLA retaliation or ADA discrimination.

Issue	Plaintiff's Argument	Defendant's Argument	Held
FMLA interference — denial of leave/notice	Travers contends Verizon failed to give proper FMLA eligibility/rights notice and otherwise interfered with FMLA rights	Verizon provided all requested FMLA leave and notices (new-hire training; MetLife letters)	No interference: Travers received all FMLA leave and no prejudice from any alleged notice defect; summary judgment for Verizon
FMLA retaliation — termination for taking leave	Travers argues termination was retaliation; proffered evidence of pretext: HR form mentioning attendance, supervisor’s comment about missed work, denial of the April 21 call facts	Verizon points to documented, contemporaneous integrity/code-of-conduct violations and progressive-discipline records as legitimate, nondiscriminatory reasons	No pretext: Verizon honestly believed the misconduct; paper trail and decision-maker testimony show legitimate basis; summary judgment for Verizon
ADA discrimination — fired because of cardiac condition	Travers asserts termination was disability discrimination related to her heart condition	Verizon argues termination was for legitimate misconduct, not her medical condition	No pretext on ADA claim for same reasons as FMLA retaliation; summary judgment for Verizon

Seeger v. Cincinnati Bell Tel. Co., 681 F.3d 274 (6th Cir. 2012) (FMLA interference/retaliation standards and analysis)
Arban v. West Publ’g Corp., 345 F.3d 390 (6th Cir. 2003) (employer may not use FMLA leave as negative factor in employment actions)
Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81 (2002) (employee must show prejudice from FMLA notice violation to recover)
Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248 (1981) (McDonnell Douglas burden-shifting framework)
Smith v. Chrysler Corp., 155 F.3d 799 (6th Cir. 1998) (honest-belief rule: employer’s reasonably informed belief defeats pretext challenge)