Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

McKinley v. Rapid Global Business Solutions, Inc.

United States District Court, S.D. Indiana, Indianapolis Division

July 26, 2017

ANGELA MCKINLEY, Plaintiff,
v.
RAPID GLOBAL BUSINESS SOLUTIONS, INC., JENNIFER EMERY, FCA U.S. LLC, and RUSSELL ADAIR, Defendants.

          ORDER ON DEFENDANTS' MOTION TO DISMISS

          LARRY J. McKINNEY, JUDGE

         This matter is before the Court on Defendants', Rapid Global Business Solutions, Inc. (“Rapid Global”) and Jennifer Emery (collectively “Defendants'”), Motion to Dismiss (Dkt. 25) Plaintiff Angela McKinley's Complaint (Dkt. 1). McKinley alleges that the Defendants unlawfully interfered with her right to take leave under the Family Medical Leave Act, 29 U.S.C. 2615 et seq. (“FMLA”), and terminated her employment for trying to exercise her rights under the FMLA. Defendants assert that McKinley's Complaint is time barred and fails to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”).

         For the reasons set forth below, Defendants' Motion to Dismiss is DENIED.

         I. BACKGROUND

         Rapid Global hired McKinley sometime around January 27, 2014, and assigned her to work as a Production Control Supervisor at FCA U.S. LLC (“FCA”), one of Rapid Global's client sites.[1] Dkt. 1, ¶ 10. FCA directed McKinley's work and established her work schedule, including her reporting time, her lunch hour, and her break time. Dkt. 1, ¶ 11.

         Prior to beginning work with Rapid Global, McKinley signed an Employment Agreement (“Agreement”), which stated in part:

I agree that any claim or lawsuit arising out of my employment with or my application for employment with the Company or any of its subsidiaries must be filed no more than six (6) months after the date of the employment action that is the subject of the claim or lawsuit. While I understand that the statute of limitations for claims arising out of any employment may be longer than six (6) months, I agree to be bound by the six (6) month period of limitations set forth herein, and I WAIVE ANY STATUTE OF LIMITATIONS TO THE CONTRARY. Should a court determine in some future lawsuit that this provision allows any unreasonable short period of time to commence a lawsuit, the court shall enforce this provision as far as possible and shall declare the lawsuit barred unless it was brought within the minimal reasonable time within which the suit should have been commenced. Dkt. 26-1; Dkt. 50-3.

         On March 19, 2015, FCA had a fire at the plant where McKinley worked, exposing her to toxic fumes that exacerbated a chronic health condition. Dkt. 1, ¶ 16. McKinley reported the worsening of her condition to Ron Midenhall, the night plant manager at FCA, who told McKinley to “take care of her health.”[2] Dkt. 1, ¶ 17.

         On May 27, 2015, prior to beginning her shift, McKinley called Jennifer Emery of Rapid Global to inform her that her breathing problems had flared up again and that she would be unable to report to work. Dkt. 1, ¶ 18. Emery told McKinley to alert FCA of her situation. Dkt. 1, ¶ 19. McKinley left a voicemail with Todd Ciscell of FCA, who did not return her phone call. Dkt. 1, ¶ 20. That same day, McKinley followed up with a text message, which Ciscell acknowledged. Dkt. 1, ¶ 21.

         On May 28, 2015, McKinley again took off work to seek treatment. Dkt. 1, ¶ 22. She once again texted Ciscell that she was taking off work to treat her serious health condition. Dkt. 1, ¶ 23.

         On June 1, 2015, McKinley called Emery at Rapid Global to inform Emery that McKinley's doctor told her to take off work through June 10, 2015, to treat a serious health condition. Dkt. 1, ¶ 24. Emery told McKinley that she would speak with FCA. Dkt. 1, ¶ 24. McKinley also left a message with Ciscell at FCA, but he did not return her call. Dkt. 1, ¶ 25.

         On June 2, 2015, after McKinley informed Ciscell that her doctor told her that she needed to be off of work through June 10, 2015, and asked if the absence would affect her employment. Dkt. 1, ¶¶ 27, 28. Ciscell only told her that Russ Adair would make that decision. Dkt. 1, ¶ 29.

         On June 5, 2015, Emery called McKinley to inform her that FCA was terminating her contract because she was going to be off of work for too long. Dkt. 1, ¶ 31. That same day, McKinley called Ciscell to inquire as to why she had been terminated and he informed her that Adair decided that it was “just too long for [McKinley] to be out.” Dkt. 1, ¶ 32.

         II. STAND ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.