Disciplinary Record, Policies Uphold Termination Despite FMLA Eligibility

Brandon Tatum sued Southern Company Services, Inc. (SCS), for interference and retaliation in violation of the Family and Medical Leave Act (“FMLA”). Tatum’s employment with SCS was littered with performance evaluations that noted he “needed improvement”. Not long afterward a reprimand by the plant manager, Tatum’s doctor instructed him to cease work temporarily due to high blood pressure. Later that day, he texted his supervisor with information about a potential safety risk he observed over a month earlier. Shortly thereafter CSC terminated his employment. Find out why the district court and Fifth Circuit Court of Appeals dismissed his claims on summary judgment. http://www.ca5.uscourts.gov/opinions/pub/18/18-40775-CV0.pdf