Patrick Duncan v. Chester County Hospital

677 F. App'x 58
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 26, 2017
Docket16-1889
StatusUnpublished
Cited by7 cases

This text of 677 F. App'x 58 (Patrick Duncan v. Chester County Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patrick Duncan v. Chester County Hospital, 677 F. App'x 58 (3d Cir. 2017).

Opinion

OPINION *

FISHER, Circuit Judge.

Fired from his job, Patrick Duncan sued the Chester County Hospital alleging interference and retaliation claims under the Family Medical Leave Act of 1993 (FMLA). 1 The District Court granted the Hospital summary judgment. Duncan appeals. We will affirm.

I.

Duncan, a technologist in the Hospital’s radiology department, didn’t get along with Dr. Thomas Quinn, the principal radiologist there. Tensions began in May 2012 when Quinn said Duncan failed to prepare his workspace for him, affecting patient care. Duncan received a disciplinary warning for it. In response, Duncan gave the Hospital his written account of what happened. Believing it false, Quinn stopped trusting Duncan. Their relationship thereafter became “tense, unpleasant, and toxic.” 2 Except for patient matters, Quinn avoided Duncan entirely.

About eight months later, on February 14, 2013, Quinn apparently saw Duncan contaminate a sterile tray before a patient procedure. He reported it to Duncan’s su *60 pervisor, Sue Lombardo, who told Colleen Scelsa, the administrative director of radiology, on February 21 after she returned to work from an absence. Duncan met with Scelsa that day, where he expressed frustration about his treatment in the workplace, said he wanted to leave the department or work part-time, and explained he was considering going back to school. On February 26, Scelsa gave Duncan a final disciplinary warning for the contamination incident. That was soon withdrawn, however, and replaced with a quality action form (QAF), a non-disciplinary corrective measure.

Around this time, Duncan told the Hospital he wished to take FMLA leave for knee-replacement surgery. He told human resources on February 20 and Scelsa and Lombardo by email on February 21. He received the necessary FMLA paperwork and gave it to his physician, who approved and returned it to the Hospital on March 18. Scelsa authorized Duncan’s FMLA leave on March 19. Surgery was set for April 16, 2013.

Duncan’s workplace difficulties continued. In mid-March 2013, Quinn refused to meet with Duncan for a HR-scheduled conciliation session. On March 20, Duncan received another QAF, this time for failing to document a patient’s allergies and sign “timeout forms” in 2013’s first quarter. He met with Scelsa again, who told him further infractions could result in discipline. In response, Duncan said he wanted to move departments again and that he may not return to work the next week. Lom-bardo apparently saw Duncan leave the meeting, grab his personal items, and slam a filing cabinet shut before leaving work. She told Scelsa about it. Scelsa told an employee in HR, who terminated Duncan’s work passwords per Hospital policy. Later that day, Duncan told HR by phone he hadn’t resigned, despite his conduct. A meeting was scheduled for March 22.

At the meeting, Duncan reiterated that he didn’t want to work in his department anymore, he wanted to switch to part-time employment, and he wanted to go back to school. He allegedly refused to answer whether he’d obeyed HR’s directive that he not air his workplace grievances with other Hospital employees. When the meeting ended, Duncan apparently said, “[G]oodbye, it’s been a great run.” 3 HR told him not to report to work until further notice.

By letter dated March 26, 2013, the Hospital fired Duncan. It explained, however, that if his knee surgery occurred on or before April 30, 2013, he would still be entitled 12 weeks’ FMLA leave with health-insurance coverage, despite his termination. Duncan, however, had cancelled his surgery on a date he couldn’t recall. He thus never commenced FMLA leave.

In March 2014, Duncan sued the Hospital in the District Court, alleging FMLA interference and retaliation claims. In a thorough opinion, the District Court granted the Hospital’s summary judgment motion and denied Duncan’s. This timely appeal followed.

II.

The District Court had jurisdiction under 28 U.S.C. § 1331. Our jurisdiction is under 28 U.S.C. § 1291. We review summary judgment orders de novo. 4 If the material facts are not genuinely disputed and the movant is entitled judgment as a *61 matter of law, summary judgment is warranted. 5

HI.

Duncan argues summary judgment wasn’t warranted here because a reasonable jury could conclude that the Hospital interfered with and retaliated against him for invoking his FMLA rights. For the reasons that follow, we disagree.

A.

Interference first. To make out a FMLA interference claim, the employee must prove he was entitled a benefit under the FMLA that his employer withheld. 6

Duncan argues the Hospital withheld his right to reinstatement to his position by firing him before he took leave. He’s incorrect—he held no such right. The FMLA gives an eligible employee “who takes leave” the right to reinstatement “on return from such leave.” 7 An employee cannot “return” from FMLA leave he never actually commenced. Duncan cites no decision suggesting otherwise. Because Duncan never actually commenced his approved FMLA leave—though he “took” it in principle for FMLA purposes 8 —his right to reinstatement never ripened. 9 The Hospital therefore could not have withheld it. No reasonable jury could find interference here.

Duncan also suggests the Hospital interfered with his FMLA right to take 12 weeks’ leave for his knee surgery. But no reasonable jury could agree. Even after firing him on March 30, 2013, the Hospital gave Duncan the option to take 12 weeks’ leave if his surgery occurred on or before April 30, 2013. Accordingly, Duncan failed to raise a triable issue of fact on whether this right was withheld.

Finally, Duncan contends the Hospital interfered with his right to take FMLA leave by firing him. We see no error in the District Court’s decision to treat this contention as supporting a claim for retaliation under the FMLA, not interference. 10 Summary judgment was therefore warranted on this claim.

B.

Next, retaliation. To make out a FMLA retaliation claim, the employee must prove he invoked his right to FMLA leave and suffered an adverse employment action *62 causally related to doing so. 11 Here, Duncan invoked his right to FMLA leave and suffered an adverse employment action (tennination).

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Bluebook (online)
677 F. App'x 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-duncan-v-chester-county-hospital-ca3-2017.