Williams v. Schuller International, Inc.

29 F. App'x 306
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 5, 2002
DocketNo. 00-3614
StatusPublished
Cited by3 cases

This text of 29 F. App'x 306 (Williams v. Schuller International, Inc.) 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
Williams v. Schuller International, Inc., 29 F. App'x 306 (6th Cir. 2002).

Opinion

NELSON, Circuit Judge.

This is a Family and Medical Leave Act case in which the plaintiff appeals from a summary judgment that was entered in favor of her employer on statute-of-limitations grounds. The suit was timely if the alleged violations were willful, and it was not timely otherwise. We conclude that there are genuine issues of material fact as to willfulness, and we shall therefore vacate the challenged judgment.

I

The plaintiff, Linda Williams, began working for defendant Schuller International, Inc., in 1983. She remained in the employ of that company and its successor in interest, defendant Johns Manville International Corporation, until the series of events described below.

Ms. Williams’ mother died on October 28, 1995, and Ms. Williams claims to have experienced an “acute situation and depression reaction” as a result. For whatever reason, she began missing work with some frequency.

On November 6, 1995, Ms. Williams called Eldridge Smith, the employee relations supervisor at the company, and asked him for permission to take leave. Mr. Smith’s responsibilities at the company included administration of the Family and Medical Leave Act. During his deposition, Smith testified that he was aware that Ms. Williams’ request for leave potentially fell within the act. He denied the request, however, because he thought the stated reasons — reasons he summarized as Ms. Williams’ not wanting to come to work and having difficulty sleeping — did not qualify her for protection under the act.

Ms. Williams was absent from work for several days after the denial of her request, and she called in sick from time to time. On November 10, 1995, she visited her physician’s assistant, Stephen Thomas. Thomas thought that she appeared very depressed, and he recommended medication.

Ms. Williams returned to work on November 17, 1995, and she continued to report for duty until November 22, 1995. At that time Joan Martin, an in-house nurse, referred her to a company doctor. In her referral, Nurse Martin wrote: “(mother died — needed time off) Counseling?”

Ms. Williams was seen on November 22, 1995, by the company doctor, Donald Doneff. Dr. Doneff concluded that she was not fit to work that day. He also noted that she was having a grief reaction and recommended that she visit her own doctor.

On November 24, 1995, Ms. Williams again saw her physician’s assistant. He continued to treat her for depression. On the same day Ms. Williams called Nurse Martin and left a recorded message saying that she had been put on medical leave by her doctor. This message was subsequently reflected in two entries in company records: (1) a note in a handwritten log stating “L. Williams will be off until further notice. Per J. Martin” and (2) a computerized absence record with Ms. Williams’ name and the legend “MLOA [Medical Leave of Absence] until.”

Ms. Williams performed no further work for the company. Nurse Martin called [308]*308her, as she testified at her deposition, on either November 27th or 28th and left a message on Ms. Williams’ answering machine asking her to furnish a doctor’s note. Ms. Williams brought in such a note on December 7, 1995, but Nurse Martin told her the note was deficient because it did not contain any dates. After having her doctor’s office fill in the dates, Ms. Williams brought the note back to Nurse Martin the next day, December 8, 1995. On the same day, however, Ms. Williams received a letter from Mr. Smith, dated December 6, 1995, telling her that the company was discharging her for excessive absenteeism.

Ms. Williams brought suit against the company on December 4, 1998, almost three years after the date of her discharge. The district court entered a summary judgment in which the action was dismissed as untimely, and this appeal followed.

II

The Family and Medical Leave Act allows an employee to take a total of 12 work weeks of leave during any 12 month period for a serious health condition that renders the employee unable to perform the functions of her position. 29 U.S.C. § 2612(a)(1)(D). A serious health condition includes a mental condition that involves continuing treatment by a health care provider. 29 U.S.C. § 2611(11)(B).

The normal limitations period for an action by an employee against an employer under the Family and Medical Leave Act is two years. 29 U.S.C. § 2617(c)(1). If the employer engages in a willful violation of the act, however, the limitations period is three years. 29 U.S.C. § 2617(c)(2). Because Ms. Williams filed her complaint more than two years after the date of her discharge, the present lawsuit is barred by the statute of limitations unless there was a “willful violation.”

The Family and Medical Leave Act provides no express standard for determining willfulness, but the Supreme Court has articulated such a standard in connection with other statutes. Under the Age Discrimination in Employment Act, for example, the Court, has held that a violation was willful if “the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the ADEA.” Trans World Airlines, Inc. v. Thurston, 469 U.S. 111, 128-129, 105 S.Ct. 613, 83 L.Ed.2d 523 (1985). See also McLaughlin v. Richland Shoe Co., 486 U.S. 128, 133, 108 S.Ct. 1677, 100 L.Ed.2d 115 (1988) (adopting the Thurston standard for the two-tiered statute of limitations in the Fair Labor Standards Act).

Ms. Williams suggests that a lower standard is appropriate for cases arising under the Family and Medical Leave Act, but we see no reason why Thurston’s test for willfulness should not be applicable in this context as well. See Settle v. S.W. Rodgers Co., Inc., 182 F.3d 909, 1999 WL 486643,*3 (4th Cir.1999) (unpublished opinion) and Sampson v. Citibank, 53 F.Supp.2d 13, 19 (D.D.C.1999), where willfulness in violating the Family and Medical Leave Act was held to entail knowing or reckless disregard of the statute.

Applying the “reckless disregard” standard in the case at bar, the district court concluded that no reasonable jury could find the company’s alleged violation of Ms. Williams’ rights under the Family and Medical Leave Act to have been willful. We review this matter de novo. See United Nat. Ins. Co. v. SST Fitness Corp., 182 F.3d 447, 449 (6th Cir.1999). Summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(c).

[309]*309We must, of course, view the evidence in the light most favorable to the non-moving party. See Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

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29 F. App'x 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-schuller-international-inc-ca6-2002.