Ballato v. Comcast Corp., No. 11-2744 (8th Cir. 2012)
Annotate this CasePlaintiff filed a lawsuit against Comcast claiming that the company interfered with his ability to request an excused absence under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601-54, and that his termination from employment was based on the interference, as well as retaliation of his prior FMLA absences. Plaintiff lost his employment with Comcast when he failed to show up for work on three consecutive shifts and failed to notify his department of his absences or to request leave under the FMLA. Plaintiff's unilateral determination that he was fired did not excuse him from his responsibility to return Comcast's phonecalls or otherwise confirm his employment status before he stopped showing up to work or calling in to request additional FMLA leave. Plaintiff had many opportunities to correct his misperception that he had been terminated before missing three consecutive work shifts. Therefore, the court held that the record did not support plaintiff's claim of interference against Comcast and the court affirmed the judgment.
Court Description: Civil Case - Family Medical Leave Act. District court's grant of summary judgment on claim of interference with FMLA rights is affirmed. Record shows that even if Comcast's conduct was interference, Ballato failed to take responsibility to clarify the situation, request FMLA leave, return to work, or contact Comcast to confirm his employment status. Thus, claim of interference is not supported by the record. [ April 26, 2012
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