Mullendore v. City of Belding

Mullendore served as the Belding, Michigan City Manager, beginning in April 2013. During her tenure, she was involved in political disputes and a newly-elected city council member advocated termination of her at-will employment. On January 6 2015, she gave notice that she would be taking time off due to a surgery, scheduled for January 15, indicating that she would be able to work remotely while recovering. The city purchased a laptop for her use in working from home. Mullendore stated that she would not seek medical leave and declined to complete the city’s Family and Medical Leave Act (FMLA, 29 U.S.C. 2615(a)(1)) paperwork. While she was recovering, the city council voted to terminate her employment, citing her role in causing political strife in the community. She sued under the FMLA. The district court granted summary judgment to the defendants, holding that Mullendore had not given sufficient notice that she would be taking FMLA leave and that the defendants also provided a non-discriminatory reason for the termination. The Sixth Circuit affirmed. An employee lawfully may be dismissed, preventing him from exercising his statutory rights to FMLA leave or reinstatement, if the dismissal would have occurred regardless of the employee’s request for or taking of FMLA leave. View "Mullendore v. City of Belding" on Justia Law