Gilbert v. St. Rita’s Prof’l Servs., LLC, No. 3:11 CV 2097 (N.D. Ohio June 20, 2012)
Three family members – a grandmother, mother-in-law, and daughter – brought suit against the hospital. The women claimed they were either terminated or forced to resign as a result of the mother-in-law’s investigation into billing concerns and the daughter’s taking of medical leave under the Family and Medical Leave Act (“FMLA”).
All three plaintiffs claimed the hospital violated the FMLA. The district court dismissed the FMLA claims of the mother-in-law and the grandmother, ruling that their claims would require extending the FMLA to third parties. The daughter’s FMLA claim was upheld because she alleged sufficient facts to support her claim. She claimed that, following her reinstatement, a number of adverse employment actions were taken against her, ultimately leading to her termination. The court stated that the timing of the reinstatement and termination made an FMLA retaliation claim possible.