Hale v. Hyundai Motor Manufacturing Alabama, LLC

86 So. 3d 1015, 2012 WL 29168, 2012 Ala. Civ. App. LEXIS 6
CourtCourt of Civil Appeals of Alabama
DecidedJanuary 6, 2012
Docket2100991
StatusPublished
Cited by4 cases

This text of 86 So. 3d 1015 (Hale v. Hyundai Motor Manufacturing Alabama, LLC) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hale v. Hyundai Motor Manufacturing Alabama, LLC, 86 So. 3d 1015, 2012 WL 29168, 2012 Ala. Civ. App. LEXIS 6 (Ala. Ct. App. 2012).

Opinion

THOMAS, Judge.

In 2006, Quentin Lamar Hale was employed by Hyundai Motor Manufacturing Alabama, LLC (“HMMA”), in the painting department. When Hale became employed by HMMA, he was provided an [1017]*1017employee handbook, which outlined HMMA’s policies on various employment-related issues, including attendance and bereavement leave. Hale acknowledges receipt of the handbook.

The attendance policy reads, in pertinent part:

“Regular attendance is the cornerstone for the success of HMMA, a Team Member’s absenteeism can reduce the quality and effect of the overall efficiency of HMMA’s operations, as well as cause hardship on fellow Team Members who report to work regularly. Regular attendance is every Team Member’s responsibility, and every Team Member is expected to be on the job, on time, every scheduled workday.
“The minimum acceptable standard of attendance is 98%.
“Any scheduled workday missed is considered an absence. However, work time missed due to holidays, scheduled vacations, catastrophic event, jury duty, military duty, bereavement leave, short-term disability, work-related injury or illness, personal leave of absence and FMLA leave shall not be counted as an absence and are not cause for corrective action.
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“When a Team Member’s attendance falls below 98% at any time during the first year or subsequent years of employment during any rolling twelvemonth period, corrective action will be considered....
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“Accumulative absences that result in a Team Member’s attendance percentage falling below [the acceptable standard] may be cause for corrective action.
“The following will be considered:
“• Cause
“• Frequency
“• Patterns
“• Failure to report
“• Time pattern of reporting
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“The corrective action process is intended to help Team Members correct any attendance problems. However, if the Team Member’s attendance continues to be unacceptable it could result in further corrective action up to and including termination.
“When a Team Member’s attendance percentage falls below the acceptable standard, corrective action may be considered. Corrective action is not automatic. Each Team Member’s attendance record will be reviewed based on its own merit, and the circumstances in each case are considered.
“However, when corrective action is taken, the following steps must be followed:
“1 Informal Discussion
“2 Formal Discussion
“3 Commitment Discussion
“4 Decision Leave
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“When corrective action is required beyond the four steps above, the Team Member’s group leader and/or manager will contact the team relations manager and request a review of the Team Member’s record for termination. No termination will take place unless the action is reviewed and approved by the team relations manager, section manager, and director of Human Resources.”

The bereavement-leave policy in the HMMA handbook permits one day of bereavement leave to an employee if an employee’s aunt dies. Because of issues that arose regarding improper use of bereavement leave, HMMA circulated to its employees in March 2008 a document regarding the policy (“the bereavement-leave [1018]*1018policy addendum”). In that document, HMMA states that “[a]ll Team Members are responsible for ensuring the relationship, as stated on their bereavement request, is accurate and true as it applies to the eligibility as stated above.... HMMA may request documentation to verify relationship of the deceased to the Team Member.” Furthermore, the bereavement-leave policy addendum warns that “[c]ompleting a request for bereavement for a person that is not eligible would be considered falsification. Falsification is considered a violation of the Serious Misconduct Policy and could result in corrective action up to and including termination.”

The serious-misconduct policy in the handbook reads, in pertinent part:

“HMMA requires a high degree of personal integrity from its Team Members. There are certain things a person can do that by nature are so serious that they place him/her outside of the ‘Corrective Action Policy.’ When a person commits one of those actions against HMMA and/or his/her fellow Team Members, he/she may be terminated from employment immediately.
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“Listed below are some examples of activities that constitute serious misconduct at HMMA:
“•Serious and/or excessive violations of HMMA’s attendance program.
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“• Intentionally misrepresenting or falsifying any information concerning employment or any report or HMMA record.”

Hale developed carpal tunnel syndrome, and he had surgery on his left arm in February 2008 and on his right arm in March 2008. Hale returned to work in April 2008, and he complained of continued symptoms in his right arm in June 2008. Hale underwent a second surgery on his right arm in September 2008. His physician, Dr. Stephen A. Samuelson, approved Hale’s return to light-duty work on October 6, 2008. Between October 6, 2008, and November 2, 2008, Hale missed nine days of work and took one day of bereavement leave. Hale then took short-term disability leave for the period between October 27, 2008, through February 16, 2009.

On February 20, 2009, HMMA’s medical-leave specialist, Jamie Spaulding, sent Hale a letter explaining that HMMA required him to provide documentation showing that his nine work absences in October 2008 were covered by an approved medical leave, to complete a bereavement-leave form for his absence on October 23, 2008, and to contact Spaulding within three days after receipt of the letter to arrange to return to work or to take action to seek further medical leave because Hale’s short-term disability leave had expired. Hale returned to work on February 24, 2009. On that same day, Hale met with manager Shane Brown, team-relations specialist Gabby Smith, and group leader Kyle Waites regarding his attendance.

According to Smith’s affidavit, Hale was informed at that meeting that he needed to provide documentation that the nine days he had missed in October 2008 were covered by an approved form of leave or that the days would count against him and lower his attendance percentage. Smith’s memorandum memorializing the February 24, 2009, meeting, which was attached as an exhibit to her affidavit, indicates that Brown informed Hale that Hale “had to bring documentation by Monday, March 2, 2009, that showed the relationship between him and his aunt” to verify his one day of bereavement leave. Hale testified in his deposition that at the February 24, 2009, [1019]

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Bluebook (online)
86 So. 3d 1015, 2012 WL 29168, 2012 Ala. Civ. App. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hale-v-hyundai-motor-manufacturing-alabama-llc-alacivapp-2012.