Walls v. Central Contra Costa Transit Authority
17 Wage & Hour Cas.2d (BNA) 1697
9th Cir.2011Background
- Walls, a former CCCTA bus driver, was terminated January 27, 2006.
- Walls was reinstated March 2, 2006 under a Last Chance Agreement after a grievance process.
- On March 3, 2006 Walls incurred an unexcused absence violating the Agreement and was terminated again on March 6, 2006.
- Walls alleged the March 6 termination violated the FMLA because of a March 1 verbal leave request.
- Walls argued due process rights were violated by a lack of pre-termination hearing.
- The district court granted summary judgment for CCCTA on the FMLA claim and Walls appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMLA eligibility and protection | Walls was entitled to FMLA leave based on a March 1 request. | Walls was not an employee on March 1, 2006, so no FMLA rights. | Walls not an employee on March 1; FMLA claim upheld for CCCTA. |
| Pre-termination due process after termination | Walls was entitled to a pre-termination hearing under due process. | The Last Chance Agreement waived pre-termination rights and allowed post-termination processes. | No valid waiver of pre-termination due process; due process rights violated; remand for relief. |
Key Cases Cited
- Loudermill, 470 U.S. 532 (U.S. Supreme Court 1985) (public employees with property interest must receive pre-deprivation process)
- Skelly v. State Pers. Bd., 15 Cal.3d 194 (Cal. 1975) (due process requires notice, reasons, and opportunity to respond before removal)
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (U.S. Supreme Court 1950) (due process requires notice and opportunity to be heard appropriate to the case)
- Clements v. Airport Auth. of Washoe Cnty., 69 F.3d 321 (9th Cir. 1995) (post-deprivation process cannot substitute for pre-termination due process)
- Ostlund v. Bobb, 825 F.2d 1371 (9th Cir. 1987) (waiver of due process rights must be knowing and voluntary)
- Johnson v. Zerbst, 304 U.S. 458 (U.S. Supreme Court 1938) (presumption against waiver of constitutional rights)
- Sullivan v. Dollar Tree Stores, Inc., 623 F.3d 770 (9th Cir. 2010) (definition of 'eligible employee' under FMLA)