Righi v. SMC Corp.

Robert Righi (plaintiff) worked for SMC Corporation (SMC) (defendant) as a sales representative. SMC had a leave policy that required supervisor approval and an attendance policy that provided failure to report for two consecutive days would be grounds for termination. While Righi was attending a training session, he received a call stating his mother, whom he lived with, was in a coma. Righi left the training session. He left word with a coworker, but he did not contact his supervisor until the next day via email. In the email, Righi told his supervisor of the situation and said he had vacation time or “could apply for the family care act.” However, Righi also stated that he did not want to apply for the “family care act” at that time. Nine days after he left the training session, Righi returned to work. During that time, the email was his only contact with his supervisor notwithstanding multiple attempts by SMC to contact him. SMC terminated Righi for violating the leave policy. Righi sued SMC for interfering with his rights under the Family and Medical Leave Act (FMLA). The district granted summary judgment in favor of SMC. The court reasoned that (1) Righi’s email indicated he did not intend to invoke the FMLA and (2) even if he did invoke the FMLA, he failed to notify SMC of his expected return date, as required by FMLA regulations.