Alexandria employee sues city for violating FMLA

Last week, the U.S. Court of Appeals for the Eastern District reinstated a former 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).

City of Alexandria fired employee for taking FMLA leave

Monica Quintana was hired by the City of Alexandria in 2011. After one year, the City outsourced its payroll and other duties 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.

Employee filed lawsuit against City of Alexandria for denying FMLA leave

Quintana filed a lawsuit in the U.S. District Court for the Eastern District of Virginia, naming both Randstad and the City of Alexandria as defendants. In response, 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, as a result, dismissed Quintana’s claims against the City.

On appeal, the U.S. Court of Appeals for the Fourth Circuit reversed the decision. The Fourth Circuit ruled that Quintana alleged enough facts to show that the City of Alexandria and Randstad were her employers. Consequently, the court reinstated Quintana’s lawsuit.

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, offers strategic, results-driven legal services to clients in Washington, D.C., Maryland, and northern Virginia, and to federal employees around the world.