In the recent case of Lupyan v. Corinthian Colleges, Inc., the Third Circuit laid another trap for the unwary employer. In the ever dense jungle of FMLA law, employers now must be prepared to prove receipt, not just the mailing of FMLA notices.
Basic Facts in the Case
In Lupyan, a college instructor, Lisa Lupyan, after taking leave from December 4, 2007 through April 1, 2008, was terminated from her employment with Corinthian Colleges, Inc. (“the college”). As reason for her termination, the college explained to Lupyan that her position was eliminated due to low student enrollment. Lupyan sued the college for interference with her rights under the FMLA and retaliation for Lupyan’s exercise of her rights under the FMLA.
The FMLA Interference Claim
Lupyan argued that the college interfered with her FMLA rights by not informing her that her leave was designated as FMLA leave. As asserted by Lupyan, had she known that she was required to return to work after the 12-week leave, or be subject to termination, she would have returned within the 12-week period.
On the contrary, however, the college maintained that it mailed Lupyan a letter, on December 19, 2007, advising her that her leave was designated as FMLA leave and explaining Lupyan’s rights under the FMLA. Because the college sent notice as required by the FMLA, the college asked the court to dismiss Lupyan’s case.
The Third Circuit analyzed the notice issue under a longstanding legal rule, known and recited by first year law school students, known as “the Mailbox Rule.” Simply stated, the Mailbox Rule means that a letter that is properly addressed and placed in the mail is “presumed to reach its destination.” However, the Third Circuit stated that the presumption may be overcome when the sender cannot verify that the letter was received.
Interestingly, the court stated as follows: “In this age of computerized communications and handheld devices, it is certainly not expecting too much to require businesses that wish to avoid a material dispute about the receipt of a letter to use some form of mailing that includes verifiable receipt when mailing something as important as a legally mandated notice.”
Since the college did not send the letter in a way that receipt could be verified, and Lupyan claimed she never received the letter, the Third Circuit decided that there was enough evidence for the case to be sent to a jury.
The Retaliation Claim
Lupyan argued that she was terminated for accessing her rights under the FMLA. The college asserted that it terminated Lupyan because her position was eliminated due to declining enrollment. Because the college terminated Lupyan almost immediately after Lupyan submitted her medical clearance to return to work, Lupyan alleged that she was terminated in retaliation for taking FMLA leave.
Generally speaking, in any claim of employment-related retaliation, including retaliation for taking FMLA leave, the employee is ultimately responsible for proving that the employer took some adverse action, such as termination, because the employee exercised his or her rights under an employment law. To that end, when the employer can give a non-retaliatory reason for its decision, the employee must be able to prove that the employer’s reason was merely a pretext for retaliation.
The Third Circuit believed that the following facts may be indicative of retaliation:
- First, the school, in its policy and practices, did not allow for layoffs due to a decline in enrollment.
- Secondly, the school hired a new instructor one-month after it claimed that there was a hiring freeze.
- Finally, Lupyan’s termination occurred within a week from the day that Luypyan informed the college that she could return to work.
Considering all of these factors together, the Third Circuit concluded that there was enough evidence for the case to go to a jury.
The Bottom Line
Juries, comprised of mostly employees, tend to be friendlier to employees. Out of Lupyan v. Corinthian Colleges, Inc. comes the following practical points to keep a potential lawsuit out of the hands of a jury:
- Send all legal notices so that receipt may be verified.
- Understand the importance of timing and consistency in the treatment of employees.
- Confirm that all terminations are consistent with policy and past practice.
- Maintain detailed and objective documentation of the reasons for all employment decisions.
- Send mail notices both first class and certified; for email, make sure to get a “read receipt” or ask for reply confirmation.
If you have any questions about the FMLA, contact your legal counsel, or one of the education law attorneys at KingSpry.
School Law Bullets are a publication of the KingSpry Education Law Practice Group. John E. Freund, III, is our editor. The article is meant to be informational and does not constitute legal advice.
