Alexandria employee sues city for violating FMLA

Last week, the U.S. Court of Appeals for the Eastern District reinstated an employee’s case against the City of Alexandria for violations of the Family and Medical Leave Act (FMLA). Quintana v. City of Alexandria, No. 16-1630 (4th Cir. filed June 6, 2017).

Monica Quintana was hired by the City of Alexandria in 2011. After one year, the City outsourced its payroll and other administrative functions to Randstad USA, a staffing agency. However, Quintana’s job functions remained the same, and she continued to report to a supervisor who was a City employee.

On or about January 9, 2014, the City granted Quintana’s request for FMLA leave to care for her comatose husband. Quintana told Randstad that she was approved to take three months of FMLA leave. However, on January 17, 2014, the City terminated Quintana’s employment for failing to report to work without notice.

Quintana filed a lawsuit against both Randstad and the City of Alexandria in the U.S. District Court for the Eastern District of Virginia. The City argued that it was not Quintana’s primary employer, and thus, was not liable for denying Quintana FMLA leave or for retaliating against her for requesting leave. The court accepted this argument and dismissed Quintana’s claims against the City.

On appeal, the U.S. Court of Appeals for the Fourth Circuit reversed the district court’s decision and allowed Quintana to continue her lawsuit against the City of Alexandria. The Fourth Circuit ruled that Quintana alleged enough facts to show that the City of Alexandria, along with Randstad, was her employer.

If you believe your employer interfered with your rights to take FMLA leave or retaliated against you for requesting FMLA leave, contact us today. Alan Lescht and Associates, P.C., offers strategic and results-driven legal services to clients in Washington, D.C., Maryland and Northern Virginia, and to federal employees throughout the United States.