Alaska Employment Law

U. S. District Judge Timothy Burgess has granted summary judgment to an employer on a claim of interference with FMLA rights.

The Soldatna-based non-profit terminated the employee after she returned from FMLA leave.  She claimed that the employer “interfered” with her FMLA rights in violation of 29 USC § 2615(a)(1).  The employer argued that it had made the decision to terminate her employment before she requested FMLA leave.

Burgess first contrasted an “interference” claim with a “retaliation” or “discrimination” claim under the Family and Medical Leave Act.  Then, looking at the employee’s interference claim, Burgess found no material factual dispute, in part because the employee stated in her deposition that she never believed her termination was related to her use of FMLA-covered leave. 

Schwager v. Frontier Community Services, Inc., 3:07-cv-00128 TMB (D.Alaska Order of Jan. 20, 2009)

Arthur Robinson of Soldatna represented the employee.  William Evans of the Anchorage office of Dorsey & Whitney represented the employer.