McArdle v. Dell Products, L.P.

293 F. App'x 331
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 22, 2008
Docket07-51159
StatusUnpublished
Cited by34 cases

This text of 293 F. App'x 331 (McArdle v. Dell Products, L.P.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McArdle v. Dell Products, L.P., 293 F. App'x 331 (5th Cir. 2008).

Opinion

PER CURIAM: *

Brian McArdle (“McArdle”) appeals from the district court’s grant of summary judgment to Dell Products, L.P. (“Dell”). McArdle alleges Dell violated the entitlement and anti-retaliation provisions of the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. § 2601 et seq., when, following the end of his approved leave, Dell failed to return an important sales account to his portfolio and terminated his employment. For the reasons set forth below, we conclude the district court erred by granting Dell’s motion for summary judgment on the entitlement claim and the retaliation claim relating to the sales account, but conclude the district court did not err by granting summary judgment on the retaliatory termination claim. Accordingly, we affirm in part, reverse in part, and remand to the district court for further proceedings.

I. BACKGROUND

McArdle began working for Dell in October 1996 as a sales associate. Shortly thereafter, Dell transferred McArdle to the Preferred Accounts Division, where he attained the position of Sales Representative IV by August 2004. His duties primarily involved handling sales for specific customer accounts, collectively referred to as his “account set.” In 2002, the internet sites AskJeeves and eBay were added to McArdle’s account set. Both AskJeeves and eBay were large, high-activity accounts and became the largest accounts in McArdle’s portfolio.

In 2004, McArdle suffered from problems with his back and, in August 2004, he applied to Dell for FMLA leave in order to have surgery. Dell approved the leave, which was set to run from August 24th to October 18th. When McArdle began his leave, Dell re-assigned all of McArdle’s accounts to other sales representatives for them to handle during McArdle’s absence. McArdle returned to work as scheduled on October 18th as a Sales Representative IV and received all of his accounts except eBay. The eBay account had been permanently reassigned to Frank Perry, another sales representative. McArdle asked his direct supervisor, Brad Lambert, to return the account, but the account was not returned.

Frustrated with the loss of the eBay account, McArdle voluntarily transferred to the Corporate Business Group (“CBG”) in December 2004. McArdle was given different accounts, which included the account of investment bank Bear Stearns. According to McArdle, “[i]t was common knowledge at Dell that the Bear Stearns account was extremely difficult to work with.” In September 2005, as a result of McArdle’s poor performance and Dell’s receipt of customer complaints about him, *334 his supervisor in the CBG, Nichole Gallagher, placed him on a Performance Improvement Plan (“PIP”). The PIP included a goal of not receiving any more customer complaints. However, while McArdle was on the PIP, another customer made a complaint against him. Dell then terminated McArdle’s employment on November 4, 2005.

McArdle filed suit in the district court, alleging Dell violated the FMLA by failing to provide him with an equivalent position upon his return from leave and engaged in retaliation on account of his taking leave. Dell moved for summary judgment on all of McArdle’s claims, which the district court granted. McArdle filed a timely notice of appeal.

II. STANDARD OF REVIEW

This court reviews a district court’s grant of summary judgment de novo, applying the same standard as the district court. Turner v. Baylor Richardson Med. Ctr., 476 F.3d 337, 343 (5th Cir.2007). A party is entitled to summary judgment only if “the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). On a motion for summary judgment, the court must view the facts in the light most favorable to the non-moving party and draw all reasonable inferences in its favor. See Hockman v. Westward Commc’ns, LLC, 407 F.3d 317, 325 (5th Cir.2004). In reviewing the evidence, the court must therefore “refrain from making credibility determinations or weighing the evidence.” Turner, 476 F.3d at 343.

III. ANALYSIS

The FMLA entitles eligible employees to twelve work-weeks of leave in any 12-month period for various qualifying events, including a “health condition that makes the employee unable to perform the functions” of his position. 29 U.S.C. § 2612(a)(1)(D). An employer ordinarily must provide returning employees with the same position they previously held or “an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.” 29 U.S.C. § 2614(a)(1). An employer’s failure to restore an employee to the same or equivalent position gives rise to an entitlement claim under 29 U.S.C. § 2615(a)(1). Haley v. Alliance Compressor LLC, 391 F.3d 644, 649 (5th Cir.2004). The FMLA also “protects employees from interference with them leave as well as against discrimination or retaliation for exercising their rights.” Bocalbos v. Nat’l W. Life Ins. Co., 162 F.3d 379, 383 (5th Cir.1998). An employer’s prohibited discrimination or retaliation gives rise to a claim under 29 U.S.C. § 2615(a)(2). Haley, 391 F.3d at 649. McArdle asserted entitlement and retaliation claims against Dell. We discuss each of his claims in turn.

A. McArdle’s Entitlement Claim

The district court concluded McArdle received an equivalent position upon returning from leave and that the loss of the eBay account was de minimis as a matter of law. McArdle argues the district court erred by failing to consider evidence showing he lost approximately $12,000 to $20,000 in annual compensation because he no longer held the eBay account. Dell contends the district court properly disregarded that evidence and, in any event, correctly concluded that any pre — and post-leave differences in McArdle’s position were de minimis as a matter of law.

An equivalent position is “virtually identical to the employee’s former position in *335 terms of pay, benefits and working conditions, including privileges, prerequisites, and status.” 29 C.F.R.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
293 F. App'x 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcardle-v-dell-products-lp-ca5-2008.