5th Circuit rules employee with 27 work deficiencies still makes it to jury

You read the headline right: Despite 27 workplace violations, a three-judge panel from the U.S. 5th Circuit Court of Appeals (the federal appeals court for Texas) decided the employee still gets to take her Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) claims to trial. Yes, it was by a 2-to-1 vote, but losing is still losing. Let’s start with the workplace misconduct, see how she beat the rap, and conclude with lessons learned.

Count them up!

Jennifer Ramsey worked for San Jacinto College District (SJC) in the Learning Technology department from 2005 until her termination in December 2021. From January 2021 until her termination, she violated workplace rules 27 times. I’ll spare you a blow-by-blow, but here are the highlights in chronological order:

• January 13—late to work;

• January 15—late to work;

• April 27—doesn’t reply to supervisor’s message for over six hours;

• May 12—doesn’t submit timely reports;

• June 3—late to work, missed a meeting;

• June 28—doesn’t come into work, fails to complete assignment;

• September 24—fails to timely compete an assignment;

• Fall 2021—late to work several times;

• Fall 2021—failed several times to submit timely reports;

• November 4—issued a Final Corrective Notice;