Beware: Joy at employee firing can be evidence of FMLA violation

Here’s a tale from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers), which told a Texas trial court that it erred in dismissing a Family and Medical Leave Act (FMLA) retaliation lawsuit against the city of Granbury. In deconstructing the appeals court’s opinion, we see how judges—like each and every one of us—fit facts into a narrative framework. And guess what, this framework drives the case result. As you read the following facts, ask yourself one question: What narrative were the appeals judges constructing?

Taking FMLA leave

Jessica Murillo is a mother who worked for the city of Granbury. Special legislation enacted during the pandemic allowed employees to take FMLA leave for childcare. That’s what she applied for, and her leave was granted. And that, as they say, is where the story starts. The following then allegedly occurred:

• At the behest of Murillo’s manager, a coworker told Murillo the manager wanted her to return to work.
• A different coworker visited Murillo’s home and asked when she was coming back to the office.
• The city’s policies required employees on leave to check in with their managers periodically. She did so. After doing so, her manager emailed her to ask,” Jessica, are you coming back to work?”

So, you see the arc of the narrative developing, don’t you?