Csanyi v. Regis Corporation, 2008 WL 205288 (C.A.9 (Ariz.))
Plaintiff and defendant stipulated in pretrial order that employee’s health benefits were terminated while she was on approved FMLA leave. Therefore, district court erred in finding that employee failed to prove that fact for purposes of determining whether termination of health insurance benefits constituted interference with employee’s FMLA rights.
Employer’s failure to provide employee with health insurance through end of the month after employee had paid for such benefits through the end of the month violated FMLA’s provision prohibiting interference with employee’s exercise of FMLA rights.
Breneisen v. Motorola, Inc., 512 F.3d 972 (CA 7 2008)
Employee brought claim alleging that he was not reinstated to original or similar position after returning from FMLA leave. Issue of fact existed as to whether old position and new one were equivalent and summary judgment was improperly granted.
Summary judgment was also not appropriate where issue of fact existed as to whether employee’s former position was eliminated because he took FMLA leave.
Summary judgment not appropriate on employee’s claim of discrimination and retaliation under FMLA as issue of fact existed as to whether employee’s transfer to keypad position from process analyst position was a demotion or reduction in opportunities for promotion.
Reduction in employer tuition reimbursement may constitute an adverse employment action.
Supervisor’s comment that if he had full staff he could get some work done was not materially adverse action. Receipt of lower raise was not adverse action. Supervisor’s questioning employee as to why she took FMLA leave and threatening to make employee come to work on days of absence were not adverse actions.
