Thistlethwaite v. Pace Air Freight, Inc.

Holding: The Sixth Circuit affirmed the district court's grant of summary judgment, holding that the plaintiff failed to establish a genuine dispute of material fact that the employer's reasons for termination were pretextual.
Standard: McDonnell Douglas burden-shifting framework
Practical effect: Employers may rely on documented, non-retaliatory reasons for termination even when an employee is on medical leave, provided the employee cannot produce evidence that those reasons are pretextual.

The United States Court of Appeals for the Sixth Circuit affirmed a district court's grant of summary judgment in an employment dispute involving the Family and Medical Leave Act. The court held that the plaintiff failed to present sufficient evidence to show that the employer's stated reasons for his termination were pretextual.

Background

Richard Thistlethwaite worked for Pace Air Freight, Inc. from 1999 until his termination in 2021. He claimed the company interfered with and retaliated against his use of Family and Medical Leave Act leave. Pace terminated him citing his failure to provide security camera passwords and the falsification of mileage reports. The district court granted summary judgment to Pace, ruling that Thistlethwaite could not prove the stated reasons were pretextual.

The court’s reasoning

The court reviewed the grant of summary judgment de novo and applied the McDonnell Douglas burden-shifting framework. The court skipped to the third step, focusing on whether Thistlethwaite could show pretext. The court found that Thistlethwaite’s testimony regarding the security cameras was inconsistent and insufficient to create a genuine dispute of fact. Similarly, his explanation for falsified mileage reports lacked specificity and corroboration. The court also noted that the investigation into his mileage began before he requested leave, undercutting claims of retaliation.

We agree there is no genuine dispute of material fact with respect to pretext.

What it means going forward

Employers may rely on documented, non-retaliatory reasons for termination even when an employee is on medical leave, provided the employee cannot produce evidence that those reasons are pretextual.

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