United States District Court, S.D. Indiana, Indianapolis Division
ORDER ON DEFENDANTS' MOTION TO DISMISS
J. McKINNEY, JUDGE
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)”).
reasons set forth below, Defendants' Motion to Dismiss is
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. 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.
to beginning work with Rapid Global, McKinley signed an
Employment Agreement (“Agreement”), which stated
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.
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.” Dkt. 1, ¶ 17.
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.
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.
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,
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.
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,