Wahl v. Seacoast Banking Corp. Of Fla.

• Decision Date: 09 March 2011
• Docket Number: CASE NO. 09-81382-CIV-MARRA
• Parties: MICHELLE WAHL, Plaintiff, v. SEACOAST BANKING CORPORATION OF FLORIDA, d/b/a SEACOAST NATIONAL BANK, Defendant.
• Court: U.S. District Court — Southern District of Florida

MICHELLE WAHL, Plaintiff,

v. SEACOAST BANKING CORPORATION OF FLORIDA, d/b/a SEACOAST NATIONAL BANK, Defendant.

CASE NO. 09-81382-CIV-MARRA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Dated: March 9, 2011

ORDER AND OPINION

THIS CAUSE is before the Court upon Defendant's Motion for Summary Judgment [DE 36] and Plaintiff Wahl's Motion for Summary Judgment on Liability [DE 40]. The Court has carefully considered the relevant filings, oral argument of counsel, and is otherwise fully advised in the premises.

This is an action alleging claims for interference and retaliation under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq. ("FMLA"), under Counts I-IV of Plaintiff's Amended Complaint [DE 30]. In those counts, Plaintiff Michelle Wahl ("Wahl"), alleges that Defendant Seacoast Banking Corporation of Florida, doing business as Seacoast National Bank ("Seacoast"), interfered with her rights under the statute and that Seacoast retaliated against her for the exercise of those rights. The Amended Complaint also alleges claims of discrimination and retaliation under the Pregnancy Discrimination Act, 42 U.S.C. §§ 2000(e) et seq.(Counts V and VI), and claims of discrimination and retaliation based upon pregnancy status under the Florida Civil Rights Act, Fla. Stat. § 760 (Counts VII and VIII).

Undisputed Facts

Michelle Wahl is a 24-year old female hired by Seacoast on November 19, 2007, as a Branch Specialist I with the primary job duties of working as a bank teller. Wahl Depo. 7. Wahl was terminated on March 9, 2009. Id. Seacoast is an employer covered by the FMLA, Title VII and the FCRA. Answer to Am. Compl. ¶¶ 6, 41. Wahl qualified as an eligible employee under the FMLA. Id. ¶ 5.

At her progress report completed in April 2008, Wahl's attendance and dependability was rated as unsatisfactory, and her overall evaluation of performance was rated as below expected. Wahl had left work, or called in sick, a total of eight times since her hire date of November 19, 2007, and these absences were considered excessive. DE 38-2. In May 2008, after an additional absence, Wahl received an Employee Conference Report which documented a verbal warning that her nine absences were excessive and that further absences would result in disciplinary action, which could include probation and/or termination. DE 38-3. If Wahl was to have any additional unscheduled absences, she was required to bring in a doctor's note. Id.

In December 2008, Plaintiff's review noted improvement in her attendance. The review noted that Wahl met or exceeded all general performance factors and objectives, achieved a total performance rating of "exceeds, " received a two percent salary increase, and was told she was "an asset" to the branch. DE 38-4.

On January 22, 2009, Wahl e-mailed Denise Anderson in Seacoast's Human Resource department informing her that she was pregnant. Wahl inquired about the company's policy and procedures for post-delivery maternity leave. Anderson Depo. 19. Anderson e-mailed Wahl advising her that she would be paid for four weeks of maternity leave, could use accrued sick or vacation time, and that she should look at Seacoast's Associate Handbook. Anderson Depo. 20. Wahl replied to Anderson telling her that she had read the suggested pages and wanted to know what forms she would need to fill out before her leave. Anderson Depo. 22; Wahl Depo. 53. Wahl's e-mail did not indicate any need for leave prior to delivery.¹ Wahl Depo. Ex. 41. In reply, Anderson e-mailed Wahl that she "will need to fill out the paperwork that your Manager gets from your HR representative." Anderson Depo. 23.

On February 25, 2009, Branch Manager Jeanette Horn ("Horn") and Assistant Branch Manager, Jo Lee McClain ("McClain") met with Wahl and advised her she was being disciplined for excessive absences. Wahl had missed work on 11 occasions since her December 2008 review, including the dates of December 31, 2008, ² January 6, 2009, ³ January 14, 2009, ⁴ January 26, 2009, ⁵ January 27, 2009, ⁶ February 4, 2009, ⁷February 17, 2009, ⁸ February 18, 2009, ⁹ February 19, 2009, ¹⁰ February 24, 2009¹¹ and February 25, 2009.¹²

On February 26, 2009, Candice Friend ("Friend"), Regional Human Resource Manager, and Horn met with Wahl and provided her with another Conference Disciplinary Report which stated:

Since her review on 12/1/08, Michelle has been out or left early 7 times, requiring schedules to be adjusted to ensure the office had coverage on the teller line to service clients. The following are the dates of time off by Michelle since December 31. We have made accommodations and/or reworked the schedule to make up her hours: 12/31, 1/6, 1/14, 1/26, 1/27, 2/4, 2/19, 2/24, 2/25. She also was out on a full day on 2/17 and left early sick on 2/18. Michelle is being placed on a 60 day probation period. During this time, ANY absences or time off will require a note from the Dr. indicating she has in fact been seen by the Dr. and is medically able to return to work. Any violation of this probation may result in immediate termination.

DE 38-5. Wahl objected to the discipline stating that her doctors' appointments were excused absences and that Seacoast was discriminating against her because she was pregnant and disabled. Wahl Depo. 141, 144; Horn Depo. 75-76, 81; McClain Depo. 47-50.

When Wahl tried to discuss the details of her medical condition and why she needed to see her physicians, Horn repeatedly told Wahl that her medical condition was irrelevant and what is at issue is her time out of the bank. Wahl Depo. 142-43; Horn Depo. 48, 64, 71, 75, 79, 80, 85, 92, 101. Horn indicated that she needed Wahl to provide medical documentation that she was unable to work to substantiate her claim of disability. Horn Depo. 77. Friend testified that, "I explained to her that due to the fact that she was missing a lot of work because of her pregnancy, that we wanted to be sure she was okay to work and that the baby was going to be okay. And so I was giving her FMLA paperwork and leave application. But going forward any absences would require a doctor's note, certifying that she was in fact able to return to work, and it must state if there was any restrictions, if returning to work." Friend Depo. 36.

Following this conversation, Wahl submitted a note from Dr. Livingston, dated February 26, 2009, indicating that she was physically able to work with the restrictions of lifting no more than 30 pounds and sitting for 10 minutes every two hours. DE 20-7 at J. The note did not indicate that Wahl was having any complications due to her pregnancy. Id. According to Seacoast, since they received Dr. Livingston's February 26, 2009 note stating that Wahl was physically able to work with restrictions they could accommodate, Wahl did not qualify for leave under the FMLA. Charles Olson ("Olson"), Seacoast's Senior Vice President, Human Resources Director, Depo. 4, 60-69 [DE 19-6]; Friend Depo. 93, 46.

Seacoast created its own FMLA documents that are provided to employees seeking FMLA leave: a FMLA leave acknowledgment, a medical certification and authorization, and request for leave of absence. Seacoast's FMLA leave acknowledgment form advises employees that leave may be taken intermittently or on a reduced leave schedule, with management approval, reducing the associate's normal working hours. This form was never signed by Wahl. Seacoast Answer to Request for Admission No. 38. Friend "thinks" intermittent leave under the FMLA was discussed with Wahl, but could not "attest affirmatively for that."¹³ Friend Depo. 97, 103, 104. Although the FMLA acknowledgment form refers to "intermittent leave or a reduced job schedule, " Wahl never asked for it and such leave was not an option for the PGA branch where Wahl worked because that branch did not have enough staff to cover a reduced working schedule. Friend Depo. 40, 51, 64, 65, 100.

Wahl never completed a leave application because she did not want "block" FMLA leave because she was still capable of working. Wahl Depo. 54, 80; Friend Depo. 36. Wahl had previously used "block" FMLA leave at her prior job when shehad knee surgery. Wahl Depo. 60-61, 166. Posters advising employees of their rights and responsibilities under the FMLA which are promulgated by the Department of Labor have been at all times posted in each branch location of Defendant. Olson Depo 117-18.

The Associate Handbook is made available either in paper form or through the bank's intranet system. It contains a section on Family and Medical Leave. DE 20-6 at 7. It states that FMLA "leave may be denied to employees in a position where the leave requested will cause substantial and grievous economic injury to Seacoast National Bank if family and medical leave is granted." Id. at 8, 1 2. Under the section entitled, Reasons/Conditions of Family and Medical Leave, the only qualifying event applicable to Plaintiff would be if she was unable "to perform the functions of [her] position because of a serious health condition." Id. at 8. The start date for this type of leave begins "the first day an employee cannot perform the requirements of their job." Id. The manual provides that intermittent FMLA leave may be taken only "in the event of a specific medical necessity... based on an employee's own serious and certifiable health condition." Id. at 9.

Wahl was next absent from work on March 3, 2009, after having gone to Jupiter Medical Center on the evening of March 2, 2009, for the sudden onset of right lower quadrant pain.¹⁴ She was diagnosed with abdominal pain with unclear etiology.

Livingston Aff., DE 19-3, ¶ 14. Wahl thereafter again left work early on March 6, 2009, due to nausea, vomiting and a migraine-type headache. After leaving work she was admitted to Jupiter Medical Center. On that date, a determination was made to terminate her employment for excessive absenteeism and violation of probation. Jo Lee McClain Depo. 61-62. Wahl notified Seacoast she had been admitted...