Atlanta Employment Attorneys Blog
Many variables may influence the eventual outcome when you decide to pursue (or need to defend) a Family and Medical Leave Act (FMLA) retaliation case. One that can sometimes be overlooked is where the case gets litigated. As a recent FMLA retaliation case from Oklahoma illustrates, the law is not always identical across all the federal circuits, creating variations that can make the difference between a dismissal and a case litigated all the way to trial. If you have questions about your matter (or potential case,) be sure to speak with a knowledgeable Atlanta FMLA retaliation lawyer.
Supervisor liability in an FMLA retaliation lawsuit is one of those issues where the venue of the case can make a huge difference.
Take, for example, a dispute between an IT worker at a public university, M.W.D., and the institution’s board of regents. The employee’s complaint alleged that the university fired her for taking FMLA leave, but the school contended it fired the woman for falsifying her absence reports.
In addition to suing the board, the worker also filed a claim against R.R., the university’s chief information officer and M.W.D.’s supervisor. The trial court granted summary judgment to the supervisor on the FMLA retaliation claim, and the 10th Circuit Court of Appeals upheld that decision.
The key thing to know about the 10th Circuit court’s ruling is that, although the supervisor prevailed, he did so based on factual evidence specific to the supervisor’s case. Specifically, the court said supervisors could be liable for FMLA retaliation, but the evidence against this CIO did not meet the standard. The court explained that the proper standard was something called the “economic realities” test. That test requires the court to decide whether the accused supervisor “[i] has the power to hire and fire employees; [ii] supervises and controls employee work schedules or conditions of employment; [iii] determines the rate and method of payment; and [iv] maintains employment records.”
What the 11th Circuit Has Said
In other words, the CIO could have been liable if the fired worker had presented stronger proof regarding these four elements. However, because she did not, the trial court decided that the CIO did not qualify as the woman’s “employer” and could be individually liable. Here in Georgia, a claim like the one this IT employee advanced would likely proceed very differently. While several federal appeals courts have made similar rulings to the 10th Circuit’s decision regarding supervisor liability and FMLA retaliation cases, the 11th Circuit court (which covers Georgia, Florida, and Alabama) has not. In a governmental employer case, Wascura v. Carver, the court explicitly ruled that individual liability under the FMLA does not exist.
While the supervisor in the Oklahoma case succeeded, his position would have been even stronger if the case had proceeded in Georgia, as the law would have been even more strongly on his side.
This case shows readers that FMLA retaliation matters can contain many variables and nuances. To ensure that you get the reliable answers you need and the effective litigation strategies you deserve, get in touch with the experienced Atlanta FMLA retaliation attorneys at the law firm of Parks, Chesin & Walbert. Contact us through this website or at 404-873-8048 to schedule a consultation today.