Hasenwinkel v. Mosaic, No. 14-3786 (8th Cir. 2015)
Annotate this CasePlaintiff filed suit under the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., alleging that her former employer, Mosaic, interfered with her FMLA rights and terminated her employment in violation of public policy. The district court granted summary judgment for Mosaic. The court concluded that because plaintiff exhausted her FMLA benefits, she had not been denied any entitlement under the statute. The court agreed with the district court that plaintiff failed to make a submissible case of FMLA discrimination. In this case, there is insufficient evidence to support a finding that plaintiff was able to return to work even if Mosaic had maintained what she viewed as a welcoming environment; plaintiff has not presented evidence of any tangible loss actually incurred and directly caused by her one-month suspension; plaintiff's alleged mistreatment are not actions that will deter reasonable employees from exercising their FMLA rights and are therefore not actionable under the statute; and where, as here, the employee presents insufficient evidence to show that she was discharged in violation of the FMLA, her termination does not undermine a clearly defined public policy, and Iowa law does not provide a separate cause of action based on the tort of wrongful discharge. Accordingly, the court affirmed the judgment.
Court Description: Colloton, Author, with Wollman and Kelly, Circuit Judges] Civil case - Family Medical Leave Act. The district court did not err in determining that plaintiff was not improperly denied FMLA leave as she had exhausted her FMLA benefits; plaintiff was physically unable to return to work at the end of her FMLA leave, and her termination did not violate the Act; one-month suspension for violation of safety rules did not violate the Act as plaintiff was given the backpay for he period and did not incur any loss as a result of the suspension; actions such as snubbing by other employees and adverse evaluations did not rise to the level of materially adverse employment action; plaintiff's state law claim for wrongful discharge failed as a matter of Iowa law.
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