Favreau v. Liberty Mut., Inc.

Citation451 F.Supp.3d 150
Decision Date18 March 2020
Docket NumberCIVIL ACTION NO. 19-10458-WGY
Parties Dina FAVREAU, Plaintiff, v. LIBERTY MUTUAL, INC., Defendant.
CourtUnited States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts

Brenden J. McMahon, Law Offices of Richard A. Lalime, Kimberley A. McMahon, McMahon Law Group, Lowell, MA, for Plaintiff.

Deepa K. Desai, Desiree Y. Murphy, Jaclyn L. Kugell, Morgan, Brown & Joy, LLP, Boston, MA, for Defendant.

MEMORANDUM AND ORDER

YOUNG, D.J.

I. INTRODUCTION

Dina Favreau ("Favreau") filed this complaint against her former employer, Liberty Mutual Group Inc. ("Liberty Mutual") for the alleged violation of her rights under the Family and Medical Leave Act ("FMLA"), 29 U.S.C., § 2601, et. seq. Pl.'s Mot. Leave File Am. Compl. Jury Demand ("Pl.'s Mot."), ECF No. 24; Pl.'s Mot., Ex., Am. Compl. Jury Demand ("Am. Compl."), ECF No. 24-1. Liberty Mutual requested this Court not allow the amended complaint because some of its claims are time barred, and the surviving factual allegations do not state a claim upon which relief may be granted. Def.'s Opp'n Pl.'s Mot. Leave File Am. Compl. ("Def.'s Opp'n"), ECF No. 29; Def. Liberty Mutual Resp. Order Show Cause ("Def.'s Resp."), ECF No. 34. This Court ALLOWS in part and DENIES in part the motion for leave to file the amended complaint.

A. Facts Alleged

Favreau started working for Liberty Mutual in 2000, as a claim adjuster. Am. Compl. ¶ 4. In 2006, Favreau was diagnosed with Major Depression

and Post Traumatic Stress Disorder, which she communicated to her supervisors in early January 2007, prior to taking an approved medical leave of absence. Id. ¶¶ 5-7. Favreau requested another medical leave of absence on December 2009. Id. ¶ 8. Shortly thereafter, Favreau's supervisor Berenson issued a "written warning" requesting she comply with an improvement plant. Id. Although Favreau believed that it was a retaliatory measure, she successfully complied with the improvement plan. Id. In late 2015, Favreau's health declined, limiting major life activities, though Liberty Mutual informed her she successfully carried out her work goals for the year. Id. ¶¶ 9-11.

In June 2016, while on a business trip to Atlanta, Favreau did not laugh at a statement made by her supervisor Mathers referring to an African American taxi driver as a "fucking monkey." Id. ¶ 12. That night Berenson and Mathers tried to persuade Favreau not to report the situation to Human Resources. Id. Another co-worker then told Favreau that reporting the conduct would be futile and could end in retaliation against her. Id. After that trip, Mathers increased Favreau's workload, causing her to express concern that it would affect her productivity, as she lacked the necessary staff. Id. ¶ 13. In response to her concerns, in September 2016 "she was allowed to extend her diary in order to balance the increased volume" of work. Id. ¶¶ 13, 15. On September 12, 2016, however, Mathers denied without explanation Favreau's request for a temporary moratorium on new claims. Id. ¶ 15.

On October 9, 2016 Favreau's niece passed away, further exacerbating her mental health, Post Traumatic Stress Disorder

and Major Depressive Disorder symptoms. Id. ¶ 17. Favreau reported this situation to Mathers, and Liberty Mutual approved -- without notice under FMLA -- her temporary request for leave to attend to her niece's services and manage her own mental health. Id. Favreau alleges that after this event Mathers told Liberty Mutual's security guard that he "could not stand" her. Id. ¶ 18. After Favreau returned from her leave, she alleges that Mathers created a hostile work environment in the following manner: (i) on October 25, 2016 she learned that all other similarly situated employees were approved a stipend for increased workload, while she "was forced to fight" to get approval, (ii) he increased her work load to "substantially more cases than her co-workers," and (iii) he would spy on her. Id. ¶¶ 19-22, 27.

From October to December 2016, Favreau reported to Mathers that she was "struggling with her mental health issues," but he failed to provide her notice of her rights under the FMLA. Id. ¶ 23.

On November 22, 2016 Mathers asked all employees to inform him of requests for holiday leave. Id. ¶ 24. Favreau was denied time off. Id. She informed Mathers that she needed that time to attend to her mental health condition, but he stated that her request was denied because she had been out of the office too much. Id. After this event, Mathers increased Favreau's workload disproportionately (while she was assigned 150-200 cases, other co-workers managed 30-40 cases), and assigned her "menial and time-consuming tasks" that would not provide opportunities for career advancement. Id. ¶ 25.

On November 28, 2016, during a video conference with Mathers, Favreau "could not control the manifestation of the symptoms of her illness," and cried the entire time, to which Mathers commented that she should be getting back to normal by now. Id. ¶ 26. Neither Mathers nor Liberty Mutual provided her notice of her rights under the FMLA. Id.

On December 2, 2016 Mathers told Favreau that her performance was below Liberty Mutual's standards, to which she explained that she was struggling with the symptoms of her serious health conditions. Id. ¶ 28. Favreau felt she required leave under the FMLA, but Mathers denied it, indicating that everyone suffers personal losses, and that she had already received sufficient support from her employer. Id. Because of Mather's refusal, she contacted Human Resources to file a formal complaint. Id. On that day, Favreau "felt she had no choice but to leave work due to her intolerable working environment created due to her requests for leave," and she decided not to return to work since. Id. ¶¶ 28-30. Favreau does not state when she stopped receiving a salary.

In early December 2016 Favreau applied for short term disability benefits, but on March 17, 2017 Liberty Mutual stopped paying these short-term disability without explanation. Id. ¶ 32. On March 22, 2017 Favreau applied for Social Security Disability benefits, id. ¶ 34, and the same day she submitted a claim before Liberty Mutual to apply her saved funds from her Flexible Spending Account towards medical services. Id. ¶ 35. On March 24, 2017 Liberty Mutual denied her claim. Id. To get that decision revised, Favreau called Liberty Mutual on March 27, 2017 and informed them that she had filed a complaint against them with the Attorney General, and afterwards, Liberty Mutual then placed her benefits on non-payment status and deemed her funds forfeited. Id. Favreau believes that "the forfeiture occurred in retaliation for filing complaints and attempting to exercise her statutory rights under the FMLA." Id.

On April 6, 2017 Favreau filed a complaint against Liberty Mutual before the Massachusetts Commission Against Discrimination (the "Commission") alleging disability discrimination and retaliation. Id. ¶ 37.

On April 19, 2017 Favreau requested of Liberty Mutual documentation regarding her disability benefits. Id. ¶ 39. Liberty Mutual replied and attached a letter dated December 2, 2016, in which her FMLA leave was approved.1 Id. Favreau contends that she was neither aware of the letter nor had she seen it before April 19, 2017. Id.; Pl.'s Resp. 10.

From March to June 2017 Liberty did not pay her short-term disability benefits. Am. Compl. ¶ 45. On July 11, 2017 Liberty Mutual denied the claim for disability, id. ¶ 46, because Favreau's treating physician opined that she was NOT disabled. Id. ¶ 47.

In August 2017 the Commission held an investigative conference for Favreau's claim. Id. ¶ 48. On August 2017 Liberty Mutual cancelled Favreau's health insurance.

Id. On September 6, 2017, Liberty Mutual notified Favreau that her current position was eliminated. Id. In May of 2018 Favreau's disability benefits stopped again. Id. ¶ 53. On November 8, 2018 Liberty Mutual told Favreau that she would be terminated on December 12, 2018. Id. ¶ 54.

Favreau's treating physicians have indicated that her mental health symptoms were triggered by Liberty Mutual's actions, including stopping her pay, taking money from her Flexible Spending Account, and delaying action on her long-term disability claim. Id. ¶¶ 36, 41-44, 46, 47, 49, 51.

Favreau alleges that because Liberty Mutual refused to grant time off under FMLA, she suffered substantial harm and financial losses, to the point that she was constructively discharged. Id. ¶¶ 33, 55.

B. Procedural History

Favreau filed a complaint on November 23, 2018 against Liberty Mutual in the Massachusetts Superior Court sitting in and for the County of Middlesex, Massachusetts. State Ct. R., Compl. Jury Demand 1, ECF No. 11. The complaint alleged claims under the FMLA, the Massachusetts Wage Act, breach of contract, and negligent hiring, supervision and retention. Id. 17-20. Liberty Mutual timely removed the case to this Court on March 12, 2019. Notice Removal 3, ECF No. 1.

Liberty Mutual moved to dismiss the complaint in its entirety on April 2, 2019. Def.'s Mot. Dismiss, ECF No. 8; Def.'s Mem. Law Support Def.'s Mot. Dismiss, ECF No. 9. At the May 8, 2019 hearing this Court dismissed with prejudice the Massachusetts Wage Act claim, the breach of contract claim, and the negligent hiring, supervision and retention claim. Electronic Clerk's notes, ECF No. 23. As to the FMLA claim, this Court dismissed it without prejudice and gave Favreau 30 days to seek leave to file an amended complaint. Id.

Favreau filed a motion for leave to file the amended complaint along with the amended complaint on July 8, 2019. Pl.'s Mot.; Am. Compl. Liberty Mutual filed an opposition. Def.'s Opp'n. This Court issued an order to show cause on December 11, 2019, and the parties fully briefed it. Order Show Cause, ECF No. 30; Pl.'s response; Def.'s response.

This Court advised the parties at the May 8 hearing that it would rule on the papers, and now ALLOWS in part and DENIES in part the motion for leave to file the...

To continue reading

Request your trial
9 cases
  • Romeo v. Town of Winthrop
    • United States
    • U.S. District Court — District of Massachusetts
    • May 23, 2023
    ... ... 36 (termination of employment); Rathbun v. Autozone, ... Inc., 361 F.3d 62, 74 (1st Cir. 2004) (failure to ... promote), and, ... Res. v. Hibbs, 538 U.S. 721, 739-40 (2003)); ... Favreau v. Liberty Mut., Inc., 451 F.Supp.3d 150, ... 168-69 (D. Mass ... ...
  • Larde v. Commonwealth Zoological Corp.
    • United States
    • U.S. District Court — District of Massachusetts
    • October 28, 2022
    ... ... issue in favor of either side.” Nat'l ... Amusements, Inc. v. Town of Dedham , 43 F.3d 731, 735 ... (1st Cir. 1995) (citation ... , 219 F.3d ... 13, 18 (1st Cir. 2000), quoting Anderson v. Liberty" ... Lobby, Inc. , 477 U.S. 242, 252 (1986) ...        \xC2" ... Health , 419 Mass. 356, 361 (1995) ... [ 4 ] See Favreau" v. Liberty Mut., ... Inc. , 451 F.Supp.3d 150, 175 (D. Mass. 2020) (\xE2" ... ...
  • Larde v. Commonwealth Zoological Corp.
    • United States
    • U.S. District Court — District of Massachusetts
    • October 28, 2022
    ... ... issue in favor of either side.” Nat'l ... Amusements, Inc. v. Town of Dedham , 43 F.3d 731, 735 ... (1st Cir. 1995) (citation ... , 219 F.3d ... 13, 18 (1st Cir. 2000), quoting Anderson v. Liberty" ... Lobby, Inc. , 477 U.S. 242, 252 (1986) ...        \xC2" ... Health , 419 Mass. 356, 361 (1995) ... [ 4 ] See Favreau" v. Liberty Mut., ... Inc. , 451 F.Supp.3d 150, 175 (D. Mass. 2020) (\xE2" ... ...
  • Lopera v. Compass Grp. USA, Inc.
    • United States
    • U.S. District Court — District of Massachusetts
    • December 28, 2021
    ...1) through an employer's interference with an employee's protected conduct and 2) in retaliation for it. See Favreau v. Liberty Mut., Inc., 451 F. Supp. 3d 150 (D. Mass. 2020). While there is not always a "clear demarcation" between interference and retaliation, here Lopera alleges that Com......
  • Request a trial to view additional results
1 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT