FMLA Violation.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Brandi Lutes v. United Trailers, Inc., et al.

Case No.: 19-1579

Officials: BAUER, BRENNAN, and SCUDDER, Circuit Judges.

Focus: FMLA Violation

Buddy Phillips (now deceased) injured his ribs while playing with his grandchildren. Over the next two weeks he called his employer, United Trailers, to report he would miss work. Eventually Phillips stopped calling in and did not appear for work on three consecutive days so United fired him. He sued, alleging United failed to properly notify him of his rights under the Family Medical Leave Act ("FMLA") and that he was fired in retaliation for attempting to exercise his right to seek leave under that Act. The district court granted summary judgment for United. This appeal presents a complicated fact pattern under the FMLA in which the employee (through unreported absences) and the employer (by failing to inform the employee of requisite information about FMLA leave)...