Court Declines to Put Brakes on FMLA Interference Claim Against Car Dealership 

HR Homeroom

Employers can face FMLA interference claims when they flatly refuse to grant leave or outright terminate an employee after he returns from medical leave. 

A case involving an employee for a car dealership in Lishego v. Tristar Motors, Inc., No. 2:24-cv-1458 (W.D. Pa. 03/10/25), is instructive. In the case, the employee received bad news on Oct. 10, 2023; a doctor diagnosed him with colon cancer. The doctor said he should take a few days off from work and gave him a note to that effect.  

But when the employee showed the note to his supervisor, the supervisor allegedly berated him and refused to let him take time off. The employee worked that day but later took a few days off. When he returned to work on October 16, the company fired him. He had never had a negative performance review at the company. 

He sued the dealeship for FMLA interference. 

To make a claim of interference under the FMLA, the court explained, an employee must establish:  

1. He was an eligible employee under the FMLA;  

2. The defendant was an employer subject to the FMLA's requirements; 

3. The employee was entitled to FMLA leave; 

4. The employee gave notice to the defendant of his intention to take FMLA leave; and  

5. The employee was denied benefits to which he or she was entitled under the FMLA. 

The employee established all five elements of his initial claim, the court held. For example, the court stated, his request for leave based on his doctor’s note was sufficient to notify his employer of his intention to take FMLA leave. 

The employee also adequately alleged that he was denied benefits, the court stated, both when he tried to take leave and when he was fired upon his return to work. 

Because the employee established a viable FMLA interference claim, the court denied the employer’s request to dismiss it. It also refused to dismiss the employee’s FMLA retaliation and ADA claims, thus allowing the entire lawsuit to move forward. 

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