Employee couldn’t prove monetary damages, so 7th Circuit upholds dismissal of FMLA claim

The U.S. 7th Circuit Court of Appeals (whose rulings apply to all Wisconsin employers) recently interpreted the Family and Medical Leave Act (FMLA) in a case involving an interesting set of facts. The employer altered an employee’s position while he was on leave, but his compensation was frozen at a preleave level for six months. He was subsequently terminated for non-FMLA reasons. Because his compensation never changed, however, the court found no harm/no foul.

Facts

Nathan Hickey filed a lawsuit against his employer, Protective Life Corp., alleging interference with his rights and retaliation under the FMLA. He sold warranty and insurance products to auto dealerships for the company, and his territory included two well-established accounts.

In November 2016, Hickey requested FMLA leave when he began to suffer from anxiety and depression. The employer granted him 12 weeks of leave. While he was on leave, the company acquired U.S. Warranty. In a deposition, he testified he had conversations with managers at the acquired company about working there.

When Hickey returned, however, Protective announced it had changed his territory and reassigned the two established accounts. Therefore, he would need to develop more business, but the company guaranteed he would receive his preleave commission for the next six months.

In March 2017, Hickey received his evaluation for 2016. It noted he didn’t achieve his fourth-quarter goals because of his leave and rated his performance before the leave as “inconsistent.”