In Donald v. Sybra, Inc., Case No. 10-2153 (6th Cir. January 17, 2012). the Sixth Circuit recently clarified the proper standard of proof for FMLA interference claims by applying the burden-shifting framework announced in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).
Plaintiff Gwendolyn Donald (“Donald”) worked as an assistant manager at an Arby’s restaurant in Michigan. Due to a number of serious health problems, Donald was required to take multiple medical leaves. Prior to Donald’s last medical leave, her employer started to notice irregularities in how customers were charged. After comparing the orders Donald took to the figures entered into her register, the employer suspected that Donald improperly discounted the orders and pocketed the difference. Donald took a short FMLA leave shortly before the...
