Shaneika Smith v. Southwestern Bell Telephone Co

456 F. App'x 489
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 5, 2012
Docket11-10506
StatusUnpublished
Cited by11 cases

This text of 456 F. App'x 489 (Shaneika Smith v. Southwestern Bell Telephone Co) 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
Shaneika Smith v. Southwestern Bell Telephone Co, 456 F. App'x 489 (5th Cir. 2012).

Opinion

PER CURIAM: *

Plaintiff-Appellant Shaneika Smith appeals the district court’s grant of summary judgment in favor of Defendant-Appellee Southwestern Bell Telephone Company (“SWBT”) on her retaliation claim brought under the Family Medical Leave Act (“FMLA”). We AFFIRM.

I.

Smith was employed as a customer service representative for SWBT for seven years. Her job entailed providing customer service in sales by answering customer phone calls and handling their complaints. As part of her customer service training, Smith was instructed that when a customer became rude or difficult, she was to maintain a proper tone and assure the customer that his problem would be addressed. In the event that a customer became too difficult, Smith was directed to transfer the call to a representative dedicated to such calls, or to a sales coach manager.

During the course of her employment, Smith took approved, intermittent FMLA leave for an undisclosed health condition that SWBT has not disputed. Smith alleges that her manager, Michael Thompson, ridiculed her for taking FMLA leave, calling her an “FMLA queen.” She further alleges that Thompson refused to give her a pin number necessary to apply for a higher level job, but told her that if she came to work for three months without taking FMLA leave she could have it.

In October 2007, Smith received a call from a customer frustrated by a service disconnection. Smith attempted to transfer the call to another department, and the caller became angry at the prospect of again being placed on hold. Smith’s tone became sarcastic and she and the customer began to argue. The customer informed Smith that she would make sure Smith lost her job. Smith told the customer, “You need to watch your mouth speaking to *491 me.” The customer demanded to be transferred to a supervisor. While transferring the call, Smith stated aloud while the customer remained on the line, “She’s crazy.” Smith then threw down her headset.

Following this incident, an investigation was conducted. On October BO, 2007, Smith was suspended without pay. Following a hearing before the director of the call center, Cheryl Stephenson, Smith’s termination was authorized on December 11, 2007.

Smith filed a grievance. On December 14, 2007, during a formal grievance hearing before Alisa Thomas, associate director of human resources, Smith was offered a “Last Chance Agreement,” pursuant to which she would be allowed to keep her job without back pay, but would be subject to termination for any infraction within a 36-month probationary period. Smith declined the agreement.

Smith appealed Thomas’s decision to Ja-nita Jennings, the lead labor relations manager. SWBT alleges that Jennings offered to reduce the term of the probationary period to 18 months, and that Smith again refused this offer. However, Smith has made the conflicting contentions that the last offer made to her was 36-months probation, and also that she was never offered probation for less than 24 months. In any ease, Smith’s termination became final in December 2007.

On December 3, 2009, Smith filed the instant action, asserting that she was terminated from SWBT for taking leave from her employment under the provisions of the FMLA. On April 19, 2011, the district court granted SWBT’s motion for summary judgment, concluding that Smith had failed to rebut SWBT’s legitimate, nonre-taliatory reason for her termination, i.e., the mishandling of the October 2007 customer call. Smith appealed.

II.

This court reviews a district court’s grant of summary judgment de novo, applying the same standards as the trial court. See Urbano v. Cont’l Airlines, Inc., 138 F.3d 204, 205 (5th Cir.1998). Summary judgment is proper if the evidence shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Kee v. City of Rowlett, 247 F.3d 206, 210 (5th Cir.2001). The Court views all evidence in the light most favorable to the non-moving party and draws all reasonable inferences in that party’s favor. Crawford v. Formosa Plastics Corp., 284 F.3d 899, 902 (5th Cir.2000). “Even if we do not agree with the reasons given by the district court to support summary judgment, we may affirm the district court’s ruling on any grounds supported by the record.” Lifecare Hosps., Inc. v. Health Plus, Inc., 418 F.3d 436, 439 (5th Cir.2005).

III.

The FMLA was enacted to permit employees “to take reasonable leave for medical reasons, for the birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition[.]” 29 U.S.C. § 2601(b)(2). The “FMLA ... protects employees from retaliation or discrimination for exercising their rights under the FMLA.” Mauder v. Metro. Transit Auth., 446 F.3d 574, 580 (5th Cir.2006).

The Fifth Circuit applies the burden-shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), when analyzing retaliation claims under the FMLA. Hunt v. Rapides Healthcare Sys., LLC, 277 F.3d 757, 768 (5th Cir.2001) (citation omitted). “In order to establish a *492 prima facie case of retaliation under the FMLA, the employee must show the following: 1) he was protected under the FMLA; 2) he suffered an adverse employment action; and 3) he was treated less favorably than an employee who had not requested leave under the FMLA or the adverse decision was made because he sought protection under the FMLA.” Mauder, 446 F.3d at 584. Once an employee succeeds in making a prima facie case, the burden shifts to the employer to articulate a legitimate non-retaliatory reason for the employment action. Id. “Thereafter, the burden shifts back to the plaintiff to show by a preponderance of the evidence that the reasoning presented by the defendant is a pretext for retaliation.” Id.

In the present case, SWBT has not argued that Smith has failed to set forth a prima facie case under the FMLA; rather, SWBT relies solely on its legitimate, non-retaliatory reason for Smith’s termination in opposition to her claim. Accordingly, the burden shifts to Smith to demonstrate that SWBT’s reason is merely pretext for retaliation. Smith may prove pretext “either through evidence of disparate treatment or by showing that the employer’s proffered explanation is false or unworthy of credence.” Laxton v. Gap Inc.,

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456 F. App'x 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaneika-smith-v-southwestern-bell-telephone-co-ca5-2012.