• Sick Employee's Refusal to Work Overtime Protected Under FMLA
  • October 6, 2017 | Authors: Jacob E. Roussel; Rachael M. Coe; John T. Andrishok; Murphy J. Foster; Jerry L. Stovall; Leo C. Hamilton; E. Fredrick Preis; Rachael Jeanfreau; Melissa M. Shirley; Eve B. Masinter; Sunny Mayhall West
  • Law Firm: Breazeale, Sachse & Wilson, L.L.P. - Baton Rouge Office
  • A federal court in Minnesota has ruled that Bridgette Mitchell, and employee at Federal Cartridge Company (FCC), can move forward with her FMLA violation suit against FCC. Mitchell claims that she was fired after she took FMLA leave. In November 2016, Mitchell volunteered to work overtime on November 5 and 6. However, on November 2, Mitchell asked to be excused from work because she was feeling ill. On November 3, she went to the doctor and was diagnosed with strep throat and an ear infection, which meant that she was unable to work the overtime she had volunteered for on November 5 and 6. Upon returning to work on November 7, Mitchell was told she was being suspended for violating company policy at the end of her shift. On November 17, she went back to her doctor and got a "medical statement" that said she had been "totally unable to perform any type of work" between November 3 and November 6 . She was later terminated on November 29, 2016. FCC filed a motion to dismiss which was denied because they were unable to prove that Mitchell did not give appropriate notice of her "serious health condition."