Hansen v. Robert Half International, Inc.

796 N.W.2d 359, 2011 Minn. App. LEXIS 39, 112 Fair Empl. Prac. Cas. (BNA) 78, 2011 WL 1466447
CourtCourt of Appeals of Minnesota
DecidedApril 19, 2011
DocketNo. A10-1558
StatusPublished
Cited by1 cases

This text of 796 N.W.2d 359 (Hansen v. Robert Half International, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hansen v. Robert Half International, Inc., 796 N.W.2d 359, 2011 Minn. App. LEXIS 39, 112 Fair Empl. Prac. Cas. (BNA) 78, 2011 WL 1466447 (Mich. Ct. App. 2011).

Opinion

OPINION

CONNOLLY, Judge.

Appellant-employee brought claims against respondent-employer under the MHRA and the Minnesota Parental Leave Act (MPLA) following appellant’s termination after she returned from maternity leave. The district court granted summary judgment in favor of the employer, and the employee appeals. We affirm.

FACTS

I. Respondent’s Business

Respondent Robert Half International, Inc., is a staffing service. Two of its divisions are OfficeTeam and Robert Half Legal (RHL). RHL places attorneys and legal support staff in law firms and other organizations on a temporary and permanent basis. RHL’s operations are divided into geographic zones, and its Minneapolis office is part of the Central Zone. The Central Zone also includes offices in Chicago, Dallas, Houston, St. Louis, and Denver.

RHL’s Minneapolis office has two teams: the permanent-placement team (perm team) and the temporary-placement team (temp team). Due to the often immediate nature of temporary-placement requests, temp-team employees have less flexible work hours and are required to work from 7:30 a.m. to 5:30 p.m., and later if the client’s needs demand it. Perm-team employees typically work from 8:00 a.m. to 5:00 p.m. or 5:30 p.m. Performance of perm-team employees is measured against an average monthly production target; production numbers are based on fees paid by entities using RHL’s placement services.

II. Appellant’s Employment

Appellant Kim Hansen began working for respondent as part of its OfficeTeam division in 2004. In 2006, she transferred to RHL’s perm team after the birth of her first child due to the perm team’s greater flexibility in working hours, so as to manage her daycare schedule. Unlike other perm-team employees, appellant worked from 8:00 a.m. until 3:00 or 3:30 p.m. Appellant was expected to maintain the same production numbers as other perm-team employees.

In January 2008, appellant was promoted from a recruiting manager to a division [362]*362director. In addition to the placement and marketing responsibilities of a recruiting manager, division directors also supervise other employees on the perm team. Division directors are still expected to meet production numbers. Appellant’s production numbers began to decline after her promotion. In March, the number of employees supervised by appellant was reduced. Appellant’s numbers continued to decline; she was removed from her position as a division director and returned to being a recruiting manager.

Although appellant’s production numbers increased following her demotion, they were still below RHL’s expectations for a recruiting manager with appellant’s experience. In mid-July, appellant met with her supervisors to discuss her performance. Appellant failed to meet her production numbers that July and August.

III. Appellant’s Maternity Leave

A. Appellant’s Pregnancy

Appellant learned that she was pregnant with her second child in late January and told the branch manager shortly thereafter. At some point, appellant also told the branch manager that she may have medical complications with her pregnancy. Appellant began experiencing pregnancy-related complications around the time of the July performance meeting. The branch manager told appellant that she had the option of taking early leave to address these complications, but appellant declined. Due to these complications, however, appellant worked from home part-time for the last two weeks of her pregnancy. Appellant’s second child was born on August 29, a month early.

B. Appellant’s Leave Request

Appellant submitted a leave-of-absence request form on August 10. Appellant filled out section “A,” related to requests for short-term medical, pregnancy and workers’ compensation disability leave. Section A stated that “[l]eave under [the federal Family and Medical Leave Act (FMLA) ] runs concurrently with Pregnancy Disability Leave in some states.” Section “B” dealt with requests for leave under the FMLA. The form instructed the employee to select only one type of leave per form.

Respondent’s personnel action forms (PAF) identify the types of leave available, i.e., medical, maternity, FMLA, workers’ compensation, personal, and military, and identify the documents required for each leave type. On the first PAF regarding appellant’s leave, “maternity” is marked under the leave type and documents in the maternity section are selected. Appellant was then sent a letter stating that her “Short Term Disability/FMLA Leave of absence has been processed” and that the leave was effective August 29. The letter indicated that an employee was eligible for up to 12 weeks of “Short Term Disability/FMLA Leave” in a 12-month period, and that a personal leave may be granted at the conclusion of such leave. The letter also stated that “[a]n employee on a personal leave has no guarantee of job reinstatement to any position at the conclusion of a personal leave.”

Respondent’s Leave of Absence Manual accompanied the letter. The manual states:

9. Position Reinstatement
Upon completion of an approved leave of absence an employee will be reinstated to the employee’s former position or a position that is substantially similar to the employee’s former position without reduction in pay, benefits or service. The exception is if the position or substantially similar position ceases to ex[363]*363ist because of legitimate business reasons unrelated to the employee’s leave.
The guarantee of position reinstatement following an approved leave of absence expires at the earlier of (a) the maximum time allowed for the applicable leave of absence or (b) if the leave is for the employee’s own medical condition, the date of release for return to work set forth in a doctor’s note.
There is no guarantee of reinstatement to a former position for an employee on a discretionary personal leave of absence unless a written agreement is signed prior to the commencement of the personal leave.

(Emphasis added.) The manual also includes a section discussing the interrelationship of FMLA leave with other types of leave. The manual provides that the maximum amount of leave time available under both the pregnancy disability and FMLA leaves is limited to 12 weeks in a rolling calendar year and the maximum will be reduced by any prior leaves taken for these reasons.

Due to medical complications, appellant was approved to extend her leave. A second PAF was completed; the marked boxes again only relating to maternity leave. Appellant returned to work on December 1, after more than 13 weeks of leave.

IV. Economic Downturn

The need for RHL’s permanent-placement services decreased dramatically with the economic downturn. Monthly sales from permanent placements decreased by more than 90% between August and December. Although temporary placements were also down, the temp team was not as severely affected. As a whole, the Central Zone experienced more than a 50% decrease in sales between the third and fourth quarters of 2008.

In response, the Central Zone president told the district director to reduce the number of permanent-placement employees throughout the Central Zone.

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796 N.W.2d 359, 2011 Minn. App. LEXIS 39, 112 Fair Empl. Prac. Cas. (BNA) 78, 2011 WL 1466447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-robert-half-international-inc-minnctapp-2011.