DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
191456P.pdf 05/05/2020 Wendy Thompson v. Kanabec County
U.S. Court of Appeals Case No: 19-1456
and No: 19-1988
U.S. District Court for the District of Minnesota
[PUBLISHED] [Erickson, Author, with Grasz and Kobes, Circuit Judges]
Civil case - Family and Medical Leave Act. Plaintiff showed no prejudice
from the County's delay in acting on her FMLA request or its failure to
give her notice of her FMLA rights as she was on personal leave when she
requested FMLA and remained on leave until she resigned; the activities
plaintiff was asked to do related to the underlying child-protection
investigation, her FMLA request and her employment status, and the
County's request that she assist with these matters did not constitute
interference with plaintiff's FMLA rights; plaintiff failed to provide
direct evidence of FMLA bias from a decision maker; applying the McDonnell
Douglas analysis to her indirect evidence of FMLA discrimination,
plaintiff failed to establish a materially adverse employment action,
including constructive discharge, or that there was causal connection
between her actions and the adverse employment action; as she did not
establish a prima facie case of FMLA discrimination, the district court
did not err in granting defendants summary judgment on this claim; the
district court did not err in declining to exercise supplemental
jurisdiction over plaintiff's state law claims; the district court did not
abuse its discretion in awarding costs to the County as it prevailed on
all plaintiff's federal claims and the court dismissed plaintiff's state
law claims.