Shepard v. Tyson Foods, Inc., 2007 WL 1127408(E.D.Tex. Apr 16, 2007) (NO. CIV.A. 9:06CV84)
Judge: Ron Clark/Judith Guthrie
Holding: Defendant's Motion for Summary Judgment DENIED
Magistrate Judge Guthrie's report recommending denial of the motion succinctly stated the issue:
In this case, the parties dispute whether Plaintiff put Tyson on notice that she was sick due to pregnancy complications. The parties submitted competing summary judgment evidence concerning whether Tyson knew about Plaintiff's pregnancy or that she was seeking leave from work due to sickness or complications resulting from her pregnancy. Tyson denies such knowledge and Plaintiff asserts that she told her supervisor that she was pregnant, that she was suffering sickness resulting from complications with her pregnancy and that she needed medical attention for those complications. Whether or not Tyson was put on notice of Plaintiff's need for FMLA leave is a disputed issue of material fact that should be determined by the fact-finder at trial.