Germanowski v. Harris

854 F.3d 68, 27 Wage & Hour Cas.2d (BNA) 490, 2017 WL 1350736, 2017 U.S. App. LEXIS 6288
CourtCourt of Appeals for the First Circuit
DecidedApril 12, 2017
Docket16-1306P
StatusPublished
Cited by143 cases

This text of 854 F.3d 68 (Germanowski v. Harris) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Germanowski v. Harris, 854 F.3d 68, 27 Wage & Hour Cas.2d (BNA) 490, 2017 WL 1350736, 2017 U.S. App. LEXIS 6288 (1st Cir. 2017).

Opinion

KAYATTA, Circuit Judge.

Heidi Germanowski challenges the district court’s order dismissing claims that her former employer violated her rights under the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. §§ 2611-2654. According to Germanowski, the facts pleaded in her complaint plausibly allege that her supervisor fired her because she sought leave protected by the FMLA. We disagree and thus affirm.

I.

Because this appeal follows a dismissal pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, we accept as true all well-pleaded facts in Germanowski’s complaint and draw all reasonable inferences in her favor. See Carrero-Ojeda v. Autoridad de Energía Eléctrica, 755 F.3d 711, 712 (1st Cir. 2014).

Germanowski worked at the Berkshire Middle District Registry of Deeds for more than a decade, ascending the ranks from Recording Clerk to First Assistant Register. For much of her tenure, Germa-nowski worked alongside Patricia Harris, a defendant in this action. They enjoyed a strong friendship in addition to a collegial working relationship. But sometime after Harris became Germanowski’s supervisor in January 2013, their relationship began to deteriorate, culminating in Germanow-ski’s termination in February 2015.

According to the complaint, the trouble started a little over a year after Harris became Register. Germanowski, then serving as First Assistant Register, began experiencing stress and anxiety accompanied by fatigue, hair loss, aches, and gastrointestinal pain.’She sought medical attention, visiting her primary care physician and other healthcare providers. She kept Harris abreast of her symptoms and physician visits.

A few months later, in June 2014, Harris allegedly began pressuring Germanowski' to support William Galvin, the Secretary of the Commonwealth of Massachusetts, in his upcoming bid for reelection. Germa-nowski twice refused Harris’s requests to make financial contributions to Secretary Galvin’s campaign committee. Around the time of Germanowski’s second refusal, Harris reassigned certain tasks from Ger-manowski to other employees and boxed her out of management meetings and decisions. Harris also redoubled her efforts to extract a financial contribution from Ger-manowski, cautioning that “it would look bad” if she declined to make a contribution and demanding that she defend her decision. Fearing that her continued employment was contingent upon making a contribution, Germanowski ultimately caved to *70 the pressure in August 2014 and contributed.

The following month, Germanowski visited her gynecologist and complained of uncontrollable crying, weight loss, anxiety, and other symptoms of stress. The gynecologist diagnosed Germanowski with anxiety disorder. Once again, Germanowski apprised Harris that she was seeking medical care and reported her symptoms.

Weeks after the diagnosis, in October 2014, Germanowski suffered a nervous breakdown while working. Harris drove Germanowski home, notwithstanding Ger-manowski’s protests that Harris was the cause of her stress and anxiety. Germa-nowski saw her primary care physician, who prescribed medication and instructed her to contact a therapist. Over the following week, Germanowski tried to connect with Harris to discuss her absence from work and arrange coverage of her responsibilities. When they finally connected, “Harris accused Germanowski of disloyalty, and ... of inappropriately informing staff members about Germanowski’s condition.” According to the complaint, these accusations worsened Germanowski’s physical and emotional state.

Germanowski informed Harris that she had begun treatment with both a psychiatrist and a therapist. She then tried to return to work on October 20, two and a half weeks after her nervous breakdown, but Harris suggested another week of rest. They met at the conclusion of that week and agreed to Germanowski’s return to work the following day, October 28.

The next several weeks were uneventful. In early December, however, Harris asked a question of Germanowski in the presence of another employee. Germanowski alleges that the question was “intended ... to embarrass and humiliate Germanowski, and to have significant emotional and physical consequences for Germanowski,” and that it did so. Germanowski’s complaint does not reveal what the question was.

Later that month, on Christmas Day, Germanowski received a sport pistol from her husband as a gift. She told Harris, who was familiar with Germanowski’s sport shooting hobby. Approximately one month later, on January 28, 2015, Harris called Germanowski’s husband to express her discomfort with the gift and ask whether Germanowski carried it to work. Germa-nowski’s husband emphasized during then-telephone conversation that Germanowski posed no danger to herself or others and denied that his wife carried the pistol at work.

The next day, Harris accused Germa-nowski of having an affair. According to the complaint, the accusation — which lacked any factual basis — was “made to provoke a response from Germanowski” and “had its intended effect.” The complaint does not describe that effect. It does allege that, later the same day, Harris left Germanowski two voicemails directing her not to come to work the following day, Friday, January 30. When Germanowski went to the Registry building on the morning of January 30 to drop off keys to a basement storage room, a court security officer denied her access to the building. Germanowski claims that Harris told the officer and others than she posed a safety threat.

Two days later, on Sunday, February 1, Harris sent Germanowski a text message indicating that they needed to speak that day because Harris would not have time to do so on Monday or Tuesday. It is unclear from the complaint whether they connected that day or whether Germanowski reported to work the following day. But on the afternoon of Monday, February 2, *71 Harris left word with Germanowski not to come to work on February 3.

At this point, Germanowski feared that her employment was “in jeopardy.” She sent an email to Harris on February 8 stating “that she would be out sick for the week, and that she was scheduled to see her doctor.” Two days later, on February 5, Germanowski saw her psychiatrist, who gave her a letter advising her to take a leave of absence in order to pursue treatment. Germanowski does not allege that she provided this letter to anyone at the Registry or that anyone at the Registry otherwise obtained it.

The next day, February 6, Germanowski received a voicemail message from the chief court officer. The message stated that Germanowski was terminated effective immediately. Moments later, Germa-nowski received a written termination notice from Harris via email.

Germanowski brought this lawsuit against Harris (individually and in her official capacity) and the Commonwealth of Massachusetts, alleging in a five-count complaint that the defendants violated the FMLA as well as Massachusetts statutory and common law.

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854 F.3d 68, 27 Wage & Hour Cas.2d (BNA) 490, 2017 WL 1350736, 2017 U.S. App. LEXIS 6288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/germanowski-v-harris-ca1-2017.