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7th Circuit affirms ruling against fired employee

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Carrier Corp. had an “honest suspicion” that one of its employees was abusing his leave under the Family Medical Leave Act, so the District Court was correct in granting summary judgment for Carrier in the fired employee’s lawsuit.

Carrier had excessive employee absenteeism at its Indianapolis plant, so it hired a private investigator to follow certain employees who were suspected of abusing the company’s leave policies. Daryl Scruggs was authorized to take intermittent leave under the FMLA to care for his mother, who is in a nursing home.

Scruggs was one of the employees suspected of abusing the leave policies, so the company set up surveillance of his house on a day he requested FMLA leave. The surveillance revealed he never left his home that day, so he was suspended by the company pending further investigation. Scruggs submitted several documents to try to support his argument that he left the house and had been with his mother, but Carrier believed the documents were suspicious and inconsistent. Carrier fired Scruggs for misusing his FMLA leave.

Scruggs filed a lawsuit for interference and retaliation under the FMLA. The District Court granted summary judgment for Carrier, which the 7th Circuit affirmed. In the Circuit Court, because an employee has “no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed,” an employer need only show that “it refused to reinstate the employee based on an ‘honest suspicion’” that the employee was abusing leave.  

When Carrier asked Scruggs about the day in question, he couldn’t recall what he did that day but said he didn’t misuse his leave. He later brought paperwork from the nursing home and doctor’s office, but these documents only raised further questions for Carrier, the opinion says. Taken together, this was enough for Carrier to have an honest suspicion that Scruggs misused his FMLA leave.

The 7th Circuit also found that Carrier did not retaliate against Scruggs for using his FMLA leave.

 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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