Chenoweth v. Wal-Mart Stores, Inc.

• Citation: 159 F.Supp.2d 1032
• Decision Date: 17 August 2001
• Docket Number: No. C-2-00-353.,C-2-00-353.
• Parties: Judith CHENOWETH, Plaintiff, v. WAL-MART STORES, INC., Defendant.
• Court: U.S. District Court — Southern District of Ohio

159 F.Supp.2d 1032

Judith CHENOWETH, Plaintiff, v. WAL-MART STORES, INC., Defendant.

No. C-2-00-353.

United States District Court, S.D. Ohio, Eastern Division.

August 17, 2001.

COPYRIGHT MATERIAL OMITTED

John Spenceley Marshall, Joshua Morrow, John S. Marshall Law Offices-2, Columbus, OH, for plaintiff.

Roy A. Hulme, Reminger & Reminger, Cleveland, OH, for defendant.

OPINION & ORDER

KINNEARY, District Judge.

This matter is before the Court on cross motions for summary judgment. (Doc. # 11; Doc. # 26.) For the reasons discussed below, the Court GRANTS Plaintiff's motion for partial summary judgment and DENIES Defendant's motion for summary judgment.

I. INTRODUCTION

A. Background

Plaintiff, Judith Chenoweth ("Chenoweth"), brings this lawsuit against Defendant, Wal-Mart Stores, Inc. ("Wal-Mart") after she was terminated from her job. Her amended complaint sets forth five causes of action. (Doc. # 10.) The first and second causes of action allege violations of the Family and Medical Leave Act of 1993 ("FMLA") based upon Chenoweth's termination from Wal-Mart for missing work to care for her ill husband. The third cause of action alleges a violation of The Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") based upon Wal-Mart's failure to inform Chenoweth that she could elect continued health care benefits following her termination. The fourth cause of action alleges a violation of Ohio public policy for wrongful discharge. The parties have voluntarily dismissed the fifth cause of action.

Presently before the Court is Chenoweth's motion for partial summary judgment based upon her COBRA claim as well as Wal-Mart's cross motion for summary judgment on the COBRA claim and motion for summary judgment on the FMLA claims and Ohio public policy tort claim.

B. FACTS¹

Judith Chenoweth worked as a cashier for Wal-Mart. (Doc. # 31 at 2.) On May 5, 1999, Chenoweth's husband had a medical emergency and she left work to be with him. (Id.) Based upon his condition, Chenoweth called off of work every day for the rest of May. (Id. at 3.) On May 31, 1999, a doctor diagnosed Mr. Chenoweth as having suffered a severe stroke and relayed that he would need full time care. (Id. at 3.) That day Judith Chenoweth contacted Wal-Mart and spoke to the store manager, Stuart Orem. Chenoweth told Orem of her husband's diagnosis and said that she would need to take a leave of absence in order to care for him. (Id.) Orem told Chenoweth to pick up a leave of absence packet at the store. (Id.) According to Chenoweth, she told Orem that she could not pick one up until June 2, 1999 because of her husband's doctor appointments. (Id.)

On June 2, 1999, Chenoweth went to Wal-Mart to pick up the leave of absence packet. (Id.) The packet contains a medical certification to be filled out by a physician explaining the reason an employee needs leave from work. Chenoweth immediately took the medical certification form to her husband's doctor for him to complete. (Id.) Five days later on June 7th, Chenoweth called the doctor to inquire about the certification. (Id. at 4.) He informed her that he could not complete it and so she retrieved the certification from him. (Id.) Upon explaining the situation to her husband's home health aid, Sandy Cooper, Cooper offered to give the certification to Mr. Chenoweth's occupational therapist to complete. (Id.)

On June 8, 1999, Chenoweth received a phone message that Wal-Mart had called three or four days earlier. (Id.) According to Chenoweth, she called Wal-Mart back that day and spoke to Orem. (Id. at 4.) During that phone conversation, Chenoweth contends that Orem terminated her because she had not returned the medical certification within 15 days, as required by store policy. In addition, she testified that Orem told her she had broken the law and could be prosecuted for not turning in the certification. (Id.) Chenoweth asserts that she explained to Orem that she was still waiting for the doctor to complete the medical certification. (Id. at 5.) According to Chenoweth, she was initially told by Wal-Mart to return the packet as soon as possible and was unaware of any time limitation imposed for completing the leave of absence packet. (Id.)

The following day on June 9, 1999, Mr. Chenoweth called Mike Fetrow, the District Manager for Wal-Mart, to inquire about his wife's termination. (Id. at 6.) Fetrow told Mr. Chenoweth to call him back on June 17, 1999 because he would be out of the office until then. Judith Chenoweth was not able to reach Fetrow until June 18, 1999. (Id.) When she did, she explained the circumstances of her termination. During their phone conversation, Fetrow told her that she could have her job back and that he would call Orem and tell him. (Id. at 6-7.) Chenoweth then informed Fetrow that she had the completed medical certification and that she could bring it to Wal-Mart the next day, on June 19, 1999. (Id.) He told her that would be fine and so she took the leave of absence packet to Wal-Mart on June 19, 1999 and gave it to the Assistant Manager, Ruth Thompson. (Id. at 7.) According to Chenoweth, after that day, she did not hear from Wal-Mart again and did not think she was eligible for reinstatement or rehire. (Id.)

With respect to Chenoweth's COBRA claim, she contends that she did not receive notice of her right to elect medical insurance coverage under COBRA until February 11, 2000, approximately eight months after her termination. (Id. at 8.) Wal-Mart does not dispute that it failed to notify her of her COBRA rights until that date. (Doc. # 31, Ex. A at ¶ 9.) According to Wal-Mart, its failure to notify Chenoweth was unintentional and was most likely due to an error in its computer system. (Doc. # 26 at 6-7.) Wal-Mart's computer system automatically sends COBRA notices to employees who are terminated and who were receiving insurance coverage. Wal-Mart believes that the system failed to send Chenoweth the COBRA package because notice of her termination from Wal-Mart and notice of the cancellation of her insurance for nonpayment of the May premium were both entered into the system during the same time period. (Id.) Wal-Mart theorizes that "when the system identified that plaintiff's [insurance] coverage had been terminated, it also found plaintiff was not employed on the date of the termination coverage and did not send the COBRA package." (Id. at 7.)

II. ANALYSIS

A. Standard of Review

Under Federal Rule of Civil Procedure 56(c), a court may grant summary judgment only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). Essentially, the Court must determine "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Booker v. Brown & Williamson Tobacco Co., 879 F.2d 1304, 1310 (6th Cir.1989) (quoting Anderson, 477 U.S. at 251-52, 106 S.Ct. 2505). However, "[c]redibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge." Anderson, 477 U.S. at 255, 106 S.Ct. 2505. That is, the Court must believe the evidence of the non-moving party and draw all justifiable inferences in its favor. See id. It is the moving party who has the burden of establishing that there is no genuine issue of material fact. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). The question the Court must answer is "whether reasonable jurors could find by a preponderance of the evidence that the [non-movant party] is entitled to a verdict. ..." Anderson, 477 U.S. at 252, 106 S.Ct. 2505; see also Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The Supreme Court has held that the standard for summary judgment "mirrors the standard for a directed verdict under Federal Rule of Civil Procedure 50(a)...." Anderson v. Liberty Lobby Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). According to that standard, "the trial judge must direct a verdict if, under the governing law, there can be but one reasonable conclusion as to the verdict." Id. This is true where, for instance, the dispute turns only on a legal question and the moving party must prevail as a matter of law even if the court were to resolve all factual disputes in favor of the non-moving party. See Ross v. Franzen, 777 F.2d 1216, 1222 (7th Cir.1985). It is with these standards in mind that the instant motions must be decided.

B. Family and Medical Leave Act

The FMLA permits eligible employees to take reasonable leave from work in order to care for a child, spouse, or parent who has a serious health condition. 29 U.S.C. § 2601(b)(2), (3). "Reasonable leave" under the statute equals 12 workweeks of leave during any 12 month period. 29 U.S.C. § 2612(a)(1)(C). When an employee seeks leave to care for a seriously ill family member, the employer may require the employee to submit a certification completed by a health care provider, which explains the family member's medical condition and the need for the employee to care for him or her. 29 U.S.C. § 2613. However, the employer (1) must provide written notice to the employee that it requires such a certification and (2) must advise the employee of the consequences of a failure to provide certification. 29 C.F.R. § 825.305 (2000). Moreover, the employer must provide the employee with at least 15 days to submit the certification. 29 C.F.R. § 825.305 (2000). Failure of the employer to provide such notice and opportunity constitutes "interfering with, restraining, or denying the exercise of rights provided by the Act." 29 C.F.R. § 825.220 (2000). If an employer violates an employee's rights under the FMLA, the...