Did the city manager resign (or not) before seeking FMLA leave? A judge weighed in

On March 9, 2023, the city clerk emailed Tony, the mayor, and city council members about meeting on March 13, to evaluate Derrick's performance as the city manager.

At the meeting, Derrick received mediocre scores at best, given certain concerns and ways to improve his performance. In response, Derrick had a panic attack. He allegedly said he was resigning, according to some at the meeting, including Tony.

Derrick left the meeting and stopped at the HR office to talk with Yolanda, who handled employee leave. He asked about taking time off under the federal Family and Medical Leave Act (FMLA) for his condition.

Yolanda began the FMLA process, approving the FMLA leave through March 28, by which time Derrick's doctor would need to certify his leave. Derrick went home and did not show up at work for a few days.

Resignation or not?

On March 15, Tony emailed Derrick saying that he accepted Derrick's resignation. Later that same day, Yolanda emailed the mayor and others telling them that Derrick was on FMLA leave.

The next day, Derrick emailed everyone stating that he did not resign. He felt that the evaluation was a "bashing session" and that he went to HR "for help because of a terrible headache due to stress stemming from a hostile and toxic work environment."

He also said that he had seen a "doctor for headaches and blurry vision." He also needed anxiety medication, increased blood pressure medication, and a follow-up visit to the doctor in April for a heart evaluation. Derrick then said city leaders should have received an email on March 15 from Yolanda letting them know of his request for leave.

Despite this, two days later, the city council met (without Derrick) and voted to remove him from the city manager position. Nothing was mentioned about Derrick's FMLA leave at the meeting. The council told Derrick of this vote and asked him to return his keys and other city property.

He did, but he also sued, claiming that the city willfully interfered with his FMLA rights and retaliated against him because he exercised those rights.

Court rules for employee

The city argued that Derrick was not eligible for FMLA leave when he requested it as he had resigned before he asked for FMLA leave. The city also argued that Derrick did not have a qualifying condition and that he did not provide proper leave notice.

The court did not buy the city's arguments and allowed the case to proceed to a jury. Derrick provided enough evidence that he did not resign. In any event, the city did not accept his resignation before he requested FMLA leave.

Swanson v. City of Tuskegee, Alabama, Middle District of Alabama, No. 3:23-cv-291, September 3, 2024.