Dewitt v. Sw. Bell Tel. Co.

1 Analyses of this case by attorneys

  1. Employee’s “Alternative Facts” Can’t Overcome Summary Judgment for Employer

    Jackson Lewis P.C.David T. WileyJanuary 23, 2017

    As the week begins with new lexicon coming out of our nation’s capital, a recent federal court of appeals ruling reminds us that, in most situations, it’s the employer’s assessment of the facts, not the employee’s “alternative facts,” that matter when deciding the appropriate punishment for employee performance or misconduct issues. And, perhaps more importantly, the ruling reminds us that the mere fact an employee has a disability, or has requested or taken FMLA leave, does not act as a “get out of jail” card for such performance or misconduct issues.In DeWitt v. Southwestern Bell Telephone Company, 2017 U.S. App. Lexis 843 (10th Cir. Jan. 18, 2017), the plaintiff was a customer service representative who has Type I diabetes and is insulin dependent. Throughout her employment, the plaintiff had on occasion taken FMLA leave related to her diabetic condition.