Hogancamp v. Cnty. of Volusia
Hogancamp v. Cnty. of Volusia
Opinion of the Court
Before the Court is Defendant County of Volusia's ("County ") Motion to Dismiss. (Doc. 31 ("MTD ").) Plaintiff Wanda Hogancamp ("Hogancamp ") opposed. (Doc. 36 ("Response ").) On review, the Court finds that the MTD is due to be denied.
I. BACKGROUND
In this employment dispute, Hogancamp sues the County for alleged violations of the Family Medical Leave Act ("FMLA "). (See Doc. 29.) In June of 2017, Hogancamp lost her son in a hit and run accident. (Id. ¶ 2.) Following his death and suffering from continuing psychological symptoms including severe depression and anxiety, Hogancamp qualified for and was granted FMLA leave. (Id. ¶¶ 2, 15.) After nine weeks of FMLA leave, the County apparently informed her she needed to return to work (id. ¶ 19), where things took a turn for the worse. Despite initially agreeing to a modified schedule allowing Hogancamp to continue her medical treatment in the afternoons, the County, without explanation, *1356revoked this modified schedule and repeatedly denied requests to reinstate it. (Id. ¶ 25, 32.) The County allegedly based its denial on the belief that Hogancamp was using the death of her son as an excuse to work less and had already gone out of its way by allowing her FMLA leave. (Id. ¶ 33.) With her health and working conditions deteriorating (id. ¶¶ 47-53, 55-58), Hogancamp filed suit (see Doc. 1).
In her Verified Amended Complaint ("Amended Complaint "), Hogancamp asserts two FMLA claims: retaliation ("Count 1 ") and interference ("Count 2 "). (Doc. 29, ¶¶ 59-81.) The County now seeks dismissal of the Amended Complaint under Federal Rule of Civil Procedure 12(b)(6), arguing that Plaintiff has failed allege sufficient facts to support either claim. (Doc. 31.) Briefing complete (Doc. 36), the matter is now ripe.
II. LEGAL STANDARD
The Federal Rules of Civil Procedure set forth minimum requirements concerning the form of a complaint. Rule 8 requires that a complaint consist of simple, concise, and direct allegations and a short and plain statement of the claims. Fed. R. Civ. P. 8(a)(2), (d)(1). When a complaint does not comply with minimum pleading requirements or otherwise "fails to state a claim to relief that is plausible on its face," the defendant may seek dismissal of the complaint under Rule 12(b)(6). Ashcroft v. Iqbal ,
A complaint states a plausible claim if it includes "factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged."
III. ANALYSIS
The FMLA creates two types of claims: (1) retaliation claims, in which an employee asserts that her employer discriminated against her because she engaged in activity protected by the FMLA; and (2) interference claims, in which the employee asserts that her employer denied or otherwise interfered with her substantive rights under the FMLA. Strickland v. Water Works & Sewer Bd. ,
A. Count 1: FMLA Retaliation
Under the FMLA's anti-retaliation provision, an employer is prohibited from "discharg[ing] or in any other manner discriminat[ing] against any individual" for engaging in protected activity. See
First, the County argues that because Hogancamp alleges the County discouraged her from accessing her ADA rights, she really asserts a claim for ADA noncompliance. (Doc. 31, p. 3.) But Hogancamp, as Plaintiff, "is the master of the complaint [and] selects the claims that will be alleged." See United States v. Jones ,
Next, the County attacks Count 1 by arguing that Hogancamp has not alleged damages recoverable under the FMLA. (Doc. 31, pp. 3-4.) The FMLA creates a private right of action and expressly limits recovery to actual damages, liquidated damages, equitable relief, and fees and costs.
Finally, the County argues that the Amended Complaint fails to allege sufficient facts to support an FMLA retaliation claim. (Doc. 31, p. 5.) Specifically, it asserts that Hogancamp fails to show an adverse employment action and a causal connection between her protected FMLA activity and the County's alleged discrimination sufficient to establish a prima facie case of retaliation. (Id. at 6-11.) But the County confuses the standard for pleading an FMLA retaliation claim with the standard for proving one.
A plaintiff need not allege a prima facie case to survive a motion to dismiss. Swierkiewicz v. Sorema N.A. ,
Here, Hogancamp alleges several discriminatory actions beginning just weeks after returning to employment from her qualified FMLA leave, including deterrence from accessing her ADA rights and the denial of a pay increase. (Doc. 29 ¶¶ 4, 33, 42, 55, 67.) Further, Hogancamp alleges that the County denied her ADA accommodation request because of its contempt for her taking her FMLA leave. (Id. ¶¶ 33, 46.) Based on the temporal proximity between Hogancamp's return from FMLA leave and, at a minimum, the alleged denial of a pay raise, the Court can reasonably infer that the County discriminated against Hogancamp for taking FMLA leave. Count 1 therefore states a claim for FMLA retaliation.
B. Count 2: FMLA Interference
In Count 2, Plaintiff asserts an FMLA interference claim. (Doc. 29, ¶¶ 71-81). An interference claim occurs when an employer interferes with, restrains, or denies the exercise or attempted exercise of FMLA rights or benefits.
IV. CONCLUSION
Accordingly, it is ORDERED AND ADJUDGED that Defendant County of Volusia's Motion to Dismiss (Doc. 31) is DENIED .
DONE AND ORDERED in Chambers in Orlando, Florida, on July 6, 2018.
The FMLA does not specifically label them as "interference" or "retaliation" claims, but precedent from the U.S. Court of Appeals for the Eleventh Circuit has adopted these designations to classify types of FMLA claims. See O'Connor v. PCA Family Health Plan, Inc.,
Although Swierkiewicz addressed the pleading standard in the Title VII context, it applies with equal force in the FMLA context as courts within this Circuit have done. See, e.g., Cortese v. Terrace of St. Cloud, LLC , No. 6:15-cv-2009-Orl-40DAB,
Reference
- Full Case Name
- Wanda HOGANCAMP v. COUNTY OF VOLUSIA
- Cited By
- 3 cases
- Status
- Published