Burciaga v. Ravago Americas, LLC, No. 14-3020 (8th Cir. 2015)
Annotate this CaseBurciaga began working at Ravago in 2007. Howe, a customer service manager, was her supervisor. Burciaga utilized Family Medical Leave Act (FMLA), 29 U.S.C. 2601, leave in 2008 and 2010-2011, for the births of her children. Burciaga received raises after each leave. After Burciaga returned to work in 2011, she had several performance-related issues. Howe warned that if the errors continued, she could be terminated. Burciaga requested FMLA paperwork in 2012, for intermittent leave to care for her son. Ravago’s human resources department approved her leave. According to Burciaga, Howe provided her time off for appointments when she requested it and was flexible with scheduling so she could attend appointments. Burciaga thereafter took FMLA leave for half a day on August 8, September 5, and September 6. After Burciaga returned from leave on September 6, she committed several shipping errors over the following three weeks. On the 28th, Burciaga’s employment was terminated. Howe indicated the termination was due to Burciaga’s shipping errors. Howe also could not provide Burciaga with the specific monetary amount her errors cost Ravago. Neither Howe nor Kramer referenced Burciaga’s absences. The Seventh Circuit affirmed summary judgment for Ravago on her FMLA claim.
Court Description: Bye, Author, with Beam and Smith, Circuit Judges Civil case - Family Medical Leave Act. Assuming plaintiff made a prima facie case of FMLA discrimination, the employer established a legitimate, non-discriminatory basis for the discharge(errors in plaintiff's work), which plaintiff failed to show was a pretext for discrimination; plaintiff failed to present sufficient evidence demonstrating that fellow employees were similarly situated and treated differently, as the employees plaintiff pointed to as similarly situated were not similarly situated with respect to their experience and the nature and frequency of their errors.
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