Bartels v. Southern Motors of Savannah, Inc.

681 F. App'x 834
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 7, 2017
DocketNo. 16-11958
StatusPublished
Cited by8 cases

This text of 681 F. App'x 834 (Bartels v. Southern Motors of Savannah, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bartels v. Southern Motors of Savannah, Inc., 681 F. App'x 834 (11th Cir. 2017).

Opinion

PER CURIAM:

Plaintiff Duane Bartels appeals the district court’s order granting summary judgment in favor of his former employer, defendant “402 East Broughton Street, Inc.,” doing business as Southern Motors Acura (“SMA”). After review of the record and consideration of the parties’ briefs, we affirm.

[836]*836I. BACKGROUND

The district court recited at length the facts and procedural history of this case in its order granting defendant SMA’s motion for summary judgment. Assuming the parties’ familiarity with that order and with the record generally, we only briefly summarize the relevant background.

Defendant SMA is a car dealership owned and operated by the Kaminsky family, including Myron Kaminsky and his two sons, Adam Kaminsky and Ross Kamin-sky. In 2004, plaintiff Bartels began working at defendant SMA as a wholesale parts salesman and was eventually promoted to general manager.

On October 12, 2012, plaintiff Bartels and his wife, who was pregnant, learned that their unborn child suffered from a serious bone disease. Bartels missed several days of work to attend medical appointments with his wife. Throughout this period, Bartels updated the Kaminskys with the details of his personal situation. On October 17, 2012, Bartels returned to work, but he indicated to the Kaminskys that he would need time off in the future to help his wife through the complicated pregnancy. Bartels did not request any specific days off.

On October 19, 2012, volunteers for the Historic Savannah Foundation (“HSF”) were at defendant SMA’s dealership preparing for a charity benefit being held there. Plaintiff Bartels approached Katherine Albert, an HSF volunteer, and expressed his dissatisfaction with the fact that Albert had not consulted with him while planning the HSF charity event. According to Albert, during the course of this conversation, Bartels used profanity and said otherwise “demeaning and embarrassing” things.1 Albert complained about this incident to HSF’s director, Terri O’Neil, who in turn contacted Myron Kaminsky. Bartels admits that Myron Kaminsky called him and instructed him to apologize to O’Neil. Bartels eventually called O’Neil to apologize.

Four days later, on October 28, 2012, Myron and Adam Kaminsky met with Bar-tels and informed Bartels that he was being terminated. At the short meeting, the Kaminskys made several statements expressing sympathy for Bartels and his personal situation. According to Bartels, Myron and Adam Kaminsky stated that Bartels did “nothing wrong” and that the termination was “purely a business decision.” Myron Kaminsky said that he understood what Bartels was going through, and that they would give Bartels a three months’ severance package. Adam and Ross Kaminsky had previously expressed them concern with Bartels’s effectiveness as a general manager, and they agreed with their father’s decision to terminate Bartels.

On November 13, 2012, Ross Kaminsky submitted a notice to the Georgia Departs ment of Labor (the “DOL notice”), which listed the reasons for Bartels’s termination. These reasons included “[cjursing at and upsetting [a] member of [HSF] during fund raising event,” failure to work [837]*837well with others, failure to meet minimum production requirements, use of a company credit card for personal expenses, poor attitude, mistakes leading to lost revenue, and unapproved spending. Myron Kamin-sky later confirmed that the termination decision was based solely on Bartels’s inappropriate interaction with Albert.

In February 2013, after his daughter’s birth, Bartels filed suit against SMA. In his complaint, Bartels asserted two claims pursuant to the Family and Medical Leave Act of 1993 (“FMLA”) for retaliation and interference. SMA filed a motion for summary judgment, which the district court granted as to both claims.

On appeal, Bartels challenges the grant of summary judgment as to both FMLA claims.2

II. THE FMLA STATUTE

Under the FMLA, employees are entitled to leave for specified family and medical reasons. See generally 29 U.S.C. § 2612. As relevant here, the FMLA provides that an employee is entitled to up to twelve weeks of leave each year to care for a spouse or child who suffers from a serious health condition. Id. § 2612(a)(1)(C). When the employee returns from such a period of leave, the employer must reinstate the employee to his previous position with the same benefits, pay, and other terms and conditions of employment. Id. § 2614 (a)(1).

It is unlawful for an employer to “interfere with, restrain, or deny the exercise of or the attempt to exercise” these FMLA rights. Id. § 2615(a)(1). It is also unlawful for an employer to “discharge or in any other manner discriminate against any individual for opposing any practice made unlawful” by the FMLA. Id. § 2615(a)(2). An employee seeking to enforce the FMLA’s substantive provisions may bring a private action against his employer. Id. § 2617. This Court has recognized two types of FMLA claims: retaliation and interference. Hurlbert v. St. Mary’s Health Care Sys., Inc., 439 F.3d 1286, 1293 (11th Cir. 2006).

III. RETALIATION CLAIM

In Count II of his complaint, Bar-tels asserted an FMLA retaliation claim, alleging that SMA terminated him in retaliation for his anticipated use of FMLA protected leave during his wife’s pregnancy.

Where the plaintiff espouses a single-motive theory of FMLA retaliation and relies on indirect evidence of the employer’s retaliatory intent,3 we analyze his claim under the burden shifting framework established by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Hurlbert, 439 F.3d at 1297; see Quigg v. Thomas Cty. Sch. Dist., 814 F.3d 1227, 1238 (11th Cir. 2016) (holding that the McDonnell Douglas framework is appropriate for analyzing single-motive claims, but not mixed-motives claims). Under that approach, the plaintiff must first establish a prima facie case of retaliation by showing (1) that he engaged in statuto[838]*838rily protected activity, (2) that he experienced an adverse employment action, and (3) that there is a causal connection between the protected activity and the adverse employment action. Hurlbert, 439 F.3d at 1297. The burden then shifts to the employer to articulate a legitimate, non-retaliatory reason for the adverse action. Id. The plaintiff then bears the burden of showing that the employer’s proffered reason is pretext for unlawful retaliation. Id.

We assume without deciding that plaintiff Bartels presented sufficient evidence to make out a prima facie case of FMLA retaliation. In turn, defendant SMA presented ample evidence that it terminated Bartels for a legitimate, non-retaliatory reason—to wit, Bartels’s inappropriate behavior during the episode with Albert. The resolution of Bartels’s retaliation claim thus turns on the issue of pretext.

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681 F. App'x 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartels-v-southern-motors-of-savannah-inc-ca11-2017.