Joseph Casagrande v. OhioHealth

666 F. App'x 491
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 20, 2016
Docket15-3292
StatusUnpublished
Cited by8 cases

This text of 666 F. App'x 491 (Joseph Casagrande v. OhioHealth) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joseph Casagrande v. OhioHealth, 666 F. App'x 491 (6th Cir. 2016).

Opinions

MARTHA CRAIG DAUGHTREY, Circuit Judge.

After Joseph Casagrande took a leave of absence for a medical condition, he sought to return to his job as a registered nurse at OhioHealth’s Riverside Methodist Hospital. He encountered multiple delays in returning to work, however, and although he was eventually allowed to return, his reinstatement did not last long. Some six months later, OhioHealth terminated his employment. Casagrande filed suit, alleging, first, that OhioHealth interfered with his right under the Family Health and Medical Leave Act (FMLA) to return to work immediately after receiving medical clearance and, second, that OhioHealth— through Casagrande’s supervisor, Amy Sayers—retaliated against him for taking FMLA leave in the first place. The district court granted summary judgment to the defendants on -both claims, and Casag-rande now appeals that decision. Because there are genuine disputes of fact concerning his claims, we must reverse the district court’s judgment and remand this case for trial.

FACTUAL AND PROCEDURAL BACKGROUND

Casagrande began his employment with OhioHealth on December 6, 2011, working as an registered nurse on Riverside Hospital’s 7 Orange unit, which was a high acuity unit that included sicker patients, many of whom had multiple diagnoses. The position on 7 Orange was Casagrande’s first job out of nursing school, after working as an accountant and chief financial officer for some 26 years. Casagrande was under the supervision of Sayers, but they did not actually work together because their shifts did not overlap.

Because Casagrande was new, he had to go through an orientation period overseen by more experienced nurses. The training nurses reported that none of Casagrande’s “core clinical skills” was a “performance concern,” but they did note that he struggled with time management and organization, common problems for new nurses. As a result, Casagrande was required to complete an extra week of orientation to shore up his weaknesses.

In February 2012, Casagrande began caring for patients on his own. Approximately a month later, he received his first disciplinary measure: a “verbal coaching” regarding patient-restraint documentation. From March to July 2012, there were no reported issues with Casagrande’s performance. In July, Casagrande experi[493]*493enced neck pain so severe that he was required to miss work. The medication he took for pain raised his blood pressure, resulting in a visit to the emergency room. Casagrande also suffered from periodic anxiety and panic attacks, stemming from the stress of his new career.

When Casagrande informed Sayers of his health issues, she told him to keep track of his absences and either to take medical leave or to contact the employee assistance program. Casagrande filled out a form requesting a continuous leave of absence from July 20 through August 7. OhioHealth granted Casagrande medical leave and temporary disability pay equal to 70 percent of his salary, but the leave was under OhioHealth’s internal leave policy. OhioHealth made it clear to Casag-rande that he was not eligible for FMLA leave because he had not been employed there for the necessary minimum of twelve months. Casagrande returned to work at the end of his medical-leave period.

On October 10, 2012, Casagrande received a second disciplinary measure, a notation in his record that he had eight unscheduled absences and a warning that the next occurrence would result in “further disciplinary action leading up to and including termination.” Sayers and Casag-rande met that day and discussed his personal issues and whether he should consider transferring to a less demanding work environment. Another disciplinary entry in his record followed two weeks later for incomplete documentation and other performance issues. Accompanying the second entry was a note from Sayers that read, “I spoke [to Casagrande] today about owning the process of finding another position inside or outside of OhioHealth where he can be successful.” Sayers later testified that during this time she saw “a trend of performance concerns and issues” and that she felt that Casagrande was “not going to make it on the unit.”

The added stress from these performance issues took a toll: Casagrande began consuming alcohol with sleep medicine in order to get a decent night’s rest and, on one occasion after he had missed two shifts at work, he was found non-responsive and was taken to the emergency room. This incident resulted in Casagrande’s second medical leave of absence, which was originally set for November 2 through November 22, 2012. OhioHealth again made it clear that Casagrande was not eligible for FMLA leave because he had still not worked for the required twelve months’ minimum. This leave of absence was later extended twice: first through March 1, 2013, and then through April 20, 2013.

Despite Casagrande’s leave status, Sayers sent him a letter on November 8, 2012, informing him that OhioHealth was posting his job on that day. Sayers later notified Casagrande that the position had been filled effective December 11, 2012. Meanwhile, Casagrande took his employer’s information at face value and assumed that he was ineligible for FMLA leave. However, on December 5, 2012, he passed the one-year mark as an employee of Ohio-Health and, apparently unknown to all involved, met the FMLA’s threshold requirement for coverage.

In January 2013, Casagrande was ready to go back to work. He contacted his case manager in the hospital’s health office, Rose Cacioppo, who told him that he needed a return-to-work release. Casagrande was concerned that such a release would end his temporary OhioHealth disability pay, which was slated to run through February 12, 2013, before he was able to find a new position. In response to this concern, Cacioppo told him to pursue potential positions and to obtain a return-to-work release only after he had an offer in hand. [494]*494Cacioppo also set up a January 18 meeting with Casagrande and members of the HR department to explore positions that would be a good fit for him.

Around the time when Casagrande’s employer-sponsored disability pay was scheduled to end, he started checking into the FMLA to determine his eligibility. His investigation included a phone call to the Department of Labor to confirm that he became eligible for FMLA protections on December 5, 2012—the one-year mark of his employment—even though he was on leave at that time. He passed this information along to hospital employees on multiple occasions, but OhioHealth reiterated its understanding that Casagrande was not eligible for FMLA protections because he was not working when he reached the one-year-of-employment mark. Acting on the advice of officials at the Department of Labor, Casagrande provided a return-to-work release from his doctor on February 23, some two weeks after his disability pay ended.

OhioHealth finally took upon itself an investigation of Casagrande’s FMLA eligibility. After looking into the matter, OhioHealth determined that its original position was mistaken and, indeed, that Casagrande had become eligible for FMLA leave- beginning on December 5, 2012. On March 12, 2013, Cacioppo called Casagrande to >let him know that Ohio-Health was- restoring him to his prior position on 7 Orange, as the FMLA required. Casagrande filed this lawsuit two days later and then went back to work on March 18, 2013.

On Casagrande’s first day back, an OhioHealth official informed him that his previous disciplinary notations from October 2012 were still in effect.

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