Employee who was laid off by Banyan Air Services, Inc., brought action alleging that her lay off was a termination resulting from her taking FMLA leave. 11th Circuit Court of Appeals reviewed her evidence of pretext:

that Banyan (i) misrepresented to the EEOC that certain employees had been laid off when they actually were terminated;
(ii) failed to correct these errors once they were found;
(iii) inadequately investigated charges that an employee evaded required drug testing;
(iv) delayed in reporting to the FAA non-compliance with required drug testing; and
(v) singled Plaintiff out for layoff when other layoffs had involved multiple employees and failed to offer Plaintiff another position.

Banyan claimed that it eliminated Plaintiff’s position because of financial difficulties. None of the examples of Plaintiff’s evidence of pretext directly addresses Banyan’s stated reason nor do they indicate that Banyan’s reason was false. The appeals court affirmed the grant of summary judgment.

Fedolfi v. Banyan Air Services, Inc., 2007 WL 4301226 (CA 11 (Fla.)).

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