Inas Shaaban v. Covenant Aviation Security, Ll

429 F. App'x 638

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 26, 2011
• Docket: 09-17763
• Status: Unpublished

Opinion

MEMORANDUM **

Inas Shaaban challenges the district court’s summary dismissal of her suit alleging her termination from Covenant Aviation Security violated the Family and Medical Leave Act (FMLA). Ms. Shaaban asserts the doctrines of equitable estoppel and equitable tolling prevent Covenant from asserting that her FMLA leave ended prior to 1 October 2007.

In order to assert equitable estoppel, Ms. Shaaban must demonstrate reasonable reliance on Covenant’s conduct or representations regarding approval of the duration of her FMLA leave. See Heckler v. Community Health Services of Crawford County, Inc., 467 U.S. 51, 60, 66, 104 S.Ct. 2218, 81 L.Ed.2d 42 (1984); Naton v. Bank of California, 649 F.2d 691, 696 (9th Cir.1981). Ms. Shaaban unreasonably assumed that Covenant’s verbal approval of her FMLA leave eligibility also encompassed the duration of the approved leave. Further, Ms. Shaaban did not exhibit reasonable reliance when she failed to review the expected and received written terms of her FMLA approved leave. Finally, Ms. Shaaban’s lack of reasonable reliance extinguishes her equitable tolling claim.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.