Thomas Harder, a partner with the Minneapolis office of Foley & Mansfield, recently obtained a dismissal on summary judgment of an employment lawsuit filed in the United States District Court for the District of Minnesota.
The Plaintiff worked as a licensed practical nurse for the firm's client, LifeCare Medical Center, since 1993. During Plaintiff’s tenure, she was diagnosed with a degenerative knee condition requiring leave for multiple surgeries. In January of 2014, the Plaintiff’s employment was terminated due to her failure to adhere to her employer’s work schedule. Thereafter, the Plaintiff sued for wrongful termination asserting claims of FMLA retaliation and interference, and disability reprisal under the Minnesota Human Rights Act.
Following discovery and a court-ordered settlement conference, Foley & Mansfield filed a motion for summary judgment as to all counts. On May 16, 2016, Judge Michael J. Davis of the United States District Court granted the motion for summary judgment and dismissed the entire matter finding that the Plaintiff was not able to perform the essential functions of her job with or without a reasonable accommodation and that the Plaintiff failed to demonstrate any prejudice under the FMLA. The Plaintiff will not appeal the decision.