Jennifer Sloan v. American Brain Tumor Associati
Jennifer Sloan v. American Brain Tumor Associati
Opinion
*893
Jennifer Sloan sued her former employer, the American Brain Tumor Association ("the Association"), for unlawful retaliation in violation of the Fair Labor Standards Act ("FLSA" or "the Act"),
I. Background
This case comes to us from a dismissal on the pleadings,
see
FED. R. CIV. P. 12(b)(6), so we recount the facts as alleged in the complaint and the documents described in it, giving Sloan the benefit of all reasonable inferences in her favor,
Deppe v. NCAA
,
Sloan began working for the American Brain Tumor Association in September 2014. She had early success, receiving multiple merit raises and strong performance reviews. In February 2016 she was promoted to the position of Director of Corporate and Community Engagement, making her an exempt salaried employee under the FLSA.
Soon after her promotion, Sloan's relationship with Elizabeth Wilson, the president and CEO of the Association, began to deteriorate. Wilson became confrontational, unfairly criticized Sloan, and antagonized her in front of colleagues. The simmering friction boiled over on February 23, 2017, when Wilson arranged a meeting with Sloan to "air her own personal grievances." One such grievance was that Sloan "bring[s] [her] personal problems to work." Sloan told Wilson that she was "uncomfortable being attacked this way." She also complained that the Association did not have a human-resources department to help resolve the conflict. Wilson sent Sloan home for the day.
The next morning Wilson informed Sloan that she was suspended for six days without pay. Sloan vehemently objected. She again commented on the lack of a human-resources department and stated, "I don't even know if you can do this." Wilson replied: "I'm the President [and] CEO[;] I can do whatever I want."
On Saturday, February 25, Sloan emailed four members of the Association's Board of Directors. The first paragraph of her email stated: "I'm not sure if you're aware of the disciplinary action Elizabeth [Wilson] threatened against me yesterday[,] but it is my understanding that it is against federal law. I am reaching out to you in hopes that the Board will investigate this further." In the second paragraph, Sloan said she was "taking a huge risk" by contacting the Board directly but that it was necessary in "the absence of any HR." The final two paragraphs attacked Wilson's leadership of the Association.
Sloan did not receive an immediate response from the Board. In the meantime, she hired Attorney John Madden, and on March 2, 2017, he emailed a four-page letter to the Board, explaining that he had "been retained by Ms. Jennifer Sloan for advice and representation regarding recent employment actions taken against her in the workplace and potential legal claims arising from her employment." 1 He reiterated Sloan's "objections to the actions of *894 Ms. Wilson, her belief in the illegal nature of the actions and discipline, and [her concern] about the lack of Human Resource personnel with whom she could address Ms. Wilson's conduct." He also warned that if Wilson repeated her false comments about Sloan to others, he "would consider such repetition by Ms. Wilson to be actionable defamation." The letter concluded with a request to "preserve the professional reputation of Ms. Sloan" by "facilitat[ing] an exit for her that is in keeping with her status as a Director of Corporate & Community Engagement."
The following day a Board member forwarded the letter to Wilson, who immediately sent an email to the entire staff stating: "Effective immediately, Jennifer Sloan is no longer employed by the [Association]."
Sloan responded with this lawsuit alleging that she was fired in violation of the FLSA's antiretaliation provision, which makes it unlawful to discharge an employee "because such employee has filed any complaint ... under or related to [the FLSA]."
II. Discussion
We review the dismissal order de novo.
Tagami v. City of Chicago
,
The FLSA requires employers to pay minimum wages and overtime compensation to nonexempt-i.e., hourly-employees.
See
Sloan's claim founders on the first element. Her complaints to the Board-that is, her email and the letter from her attorney-can qualify as "protected activity" under the Act
only
if "a reasonable employer in [the Association's] circumstances and armed with its knowledge of the relevant context would have had fair notice of [her] assertion of rights protected by the FLSA."
Neither the email nor the letter refers to the FLSA. That's not necessarily fatal; still, a complaint must "be sufficiently clear and detailed for a reasonable employer to understand it, in light of both content and context, as an assertion of rights protected by the statute and a call for their protection."
Kasten v. Saint-Gobain Performance Plastics Corp.
,
Sloan was an exempt employee. Indeed, her complaint expressly alleges as much. She insists nonetheless that her email and her attorney's letter were enough to put a reasonable employer on notice that she was complaining about a violation of her rights under the Act. We cannot see how-and not only because she was an exempt employee. Her email contained only a highly generalized protest that Wilson's "disciplinary action" was "against federal law" and asked the Board to investigate. The attorney's letter merely mentioned Sloan's belief in the "illegal nature of the actions and discipline," which is far too vague to notify a reasonable employer of a suspected violation of FLSA rights.
The email and letter attacked the substantive basis for Sloan's suspension, criticized Wilson's leadership, and protested the absence of a human-resources department. The attorney's letter added an overture to negotiate a favorable exit from the company. Read in context, these complaints to the Board expressed Sloan's frustrations with Wilson and the Association, but no reasonable employer would recognize them as assertions of FLSA-protected rights.
See
Kasten
,
Sloan argues that the email and letter, when considered in the context of her unpaid suspension, would be recognizable as a complaint that the suspension violated
Sloan also makes a weak attempt to analogize her case to others in which a generalized complaint about the legality of an employment practice qualified as protected conduct under the Act. But in every case she cites, the employee's complaint, though general, was readily recognizable as an objection that a particular employment practice regarding wages or hours was illegal.
See
Kasten
,
Finally, Sloan's complaint fails for a second and entirely independent reason. For her conduct to be protected, she must have held a good-faith belief that her suspension violated the FLSA.
Sapperstein
,
AFFIRMED .
Sloan did not attach her email or attorney's letter to the complaint. But she mentions them in the complaint and copies were submitted to the district court in connection with the dismissal motion, so they were properly considered in resolving the motion.
Domanus v. Locke Lord LLP
,
Reference
- Full Case Name
- Jennifer SLOAN, Plaintiff-Appellant, v. AMERICAN BRAIN TUMOR ASSOCIATION, Defendant-Appellee.
- Cited By
- 79 cases
- Status
- Published