Court Allows FMLA Claim Against FedEx to Continue

Employees have numerous rights under state and federal laws. Some of these rights can be enormously important in certain circumstances. When a loved one is going through a health crisis, the Family and Medical Leave Act (FMLA) gives workers the ability to take time away from their job to provide care and support. Unfortunately, employers are not always forthcoming about the rights that their employees possess.

The Eleventh Circuit recently reversed summary judgment in James v. FedEx Freight, Inc., highlighting an employer’s affirmative duty to inform employees of their FMLA rights once the employer has enough information to believe the law may apply. Teryl James was a freight handler for the shipping powerhouse. At the end of each shift, he was required to ask his bosses if he was needed to load or unload any additional trailers. If so, James would work overtime in order to complete the job. 

Once James’ wife became pregnant, he let his supervisors know, and inquired about the possibility of taking FMLA leave in the near future. Service center manager Rickey Albert told James that he was “moving too fast” and that he should wait until after the baby was born to ask about FMLA. 

By June, the pregnancy was identified as high risk. Doctors said to James that his wife could not work or drive. He informed supervisors that he would need to leave early or miss days to assist her. According to the Eleventh Circuit’s decision, no one informed him of his FMLA rights. When he declined to work the overtime that would delay his departure on a couple of occasions, management documented the first time as a disciplinary issue and labeled the second “job abandonment.” Subsequently, James was terminated after leaving the workplace to take his wife to the hospital. 

Though the trial court granted summary judgment to FedEx, the appellate panel concluded that these facts, if proven, could establish FMLA interference. An employer interferes with, restrains, or denies FMLA rights when it fails to provide required notices or discourages use of leave once on notice of a potentially qualifying reason. The court emphasized that notice from the employee need not use legal terms; it must simply provide enough information to trigger the employer’s duties to advise, designate, and administer leave. It also recognized that FMLA leave can be intermittent and that protected leave may encompass departing work on time to attend medical appointments or provide care.  

If you believe your employer interfered with your right to FMLA leave or some other benefit you are entitled to, Kardell Law Group can help. Our employment law attorneys pursue appropriate relief for victims of employer misconduct.