Kasten v. Saint-Gobain Performance Plastics Corp.

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-1671
Decision Date: 
November 30, 2012
Federal District: 
W.D. Wisc.
Reversed and remanded
Dist. Ct. erred in granting defendant-employer's motion for summary judgment in action under section 215(a)(3) of Fair Labor Standards Act alleging that defendant terminated plaintiff in retaliation for lodging oral complaints regarding placement of time clock in workplace. Instant oral complaints were sufficient to put defendant on notice regarding potential FLSA violation, and record contained sufficient evidence regarding retaliatory nature of causation of plaintiff's termination to defeat summary judgment motion where: (1) defendant punished plaintiff more severely than his co-workers with respect to his own time clock violations after he made said oral complaints; (2) co-workers suggested to plaintiff shortly before his termination that he was at risk of termination if he did not cease complaining about placement of time clocks; (3) defendant changed location of time clock on day plaintiff was terminated; and (4) defendant provided inconsistent explanations regarding reason for plaintiff's termination.