Pagel v. TIN Inc., No. 11-2318 (7th Cir. 2012)Annotate this Case
In 2000, TIN hired Pagel as an outside salesman. The position allows flexibility in scheduling sales calls. In 2006, Pagel began reporting to Kremer and was, for the first time, given performance evaluations. Kremer requested daily sales and two-week itinerary reports. Pagel experienced chest pain and labored breathing, and visited physicians in July 2006. Tests revealed a blockage in his heart. On August 24, Kremer met with Pagel to discuss his declining performance. On August 29, Pagel was admitted to the hospital for angioplasty and stent placement. The following week, Pagel’s symptoms returned and he was re-admitted. A CT scan revealed an unrelated mass in his lung. Pagel claims each absence was covered by the Family and Medical Leave Act, 29 U.S.C. 2601, and that he gave Kremer prior notification of each absence. While Pagel was in a clinic for a PET scan, Kremer called to say that he wanted to do a ride-along the next day. Pagel hastily attempted to schedule calls for September 19. The day went badly, Paget was terminated. The district court entered summary judgment for the company, rejecting claims under the FLMA. The Seventh Circuit reversed, finding that issues of material fact remained unresolved.