Workplace violations like employment discrimination, wrongful termination, or employer violations of the Family and Medical Leave Act (“FMLA”) are incredibly stressful. Unfortunately, many employees think they can take on their employer alone. But as the case of Carla McCray v. Miami Dade County Public Schools, et al., 2024 WL 4867099 (11th Cir. Nov. 22, 2024), shows, handling an employment law claim without an employment law attorney can lead to disastrous results.
Carla McCray, a school security staff member, alleged her employer interfered with her FMLA rights, which ultimately led to her being wrongfully fired. Yet, when she represented herself, she struggled to meet the law’s specific requirements to assert FMLA interference and wrongful termination claims. Her case was dismissed outright, and the United States Court of Appeals for the Eleventh Circuit upheld that dismissal. Let’s take a closer look at what went wrong with her FMLA and wrongful firing claims as well as why having a legal advocate is essential when challenging an employer’s actions.
What Are the Legal Requirements for an FMLA Interference Claim?
The FMLA exists to protect eligible employees who need to take leave for qualifying family or medical reasons. But the law is far from simple. For a successful FMLA interference claim, employees must check off every legal box. Let’s break it down:
Providing Notice to Your Employer. Notice is a critical part of the FMLA. If your leave is foreseeable, the law demands that you notify your employer at least 30 days in advance. For emergencies, notice must be provided as soon as possible. But vague statements are not enough—you need to give sufficient information so your employer knows the leave might qualify under the FMLA.
In McCray’s case, she failed to adequately allege that she gave her employer this required notice. The Court upheld this as one reason her case could not proceed, holding: “McCray forfeited any challenge to the district court’s other ground for dismissal—that her second amended complaint failed to allege notice to her employer required by the FMLA,” 2024 WL 4867099, at *2.
Without proper notice, her employer could not be held accountable under the FMLA.
Demonstrating a Serious Health Condition. Not every medical condition qualifies for FMLA leave. To succeed, you must prove your condition is a “serious health condition” as defined by the law. This means:
- You needed inpatient care in a hospital or similar facility; or
- You required continuing treatment by a healthcare provider.
McCray’s allegations fell far short of this standard. She described her condition as a “mental impairment” causing a “substantial mental lapse,” but she did not include facts showing ongoing treatment or hospitalization. The Eleventh Circuit Court of Appeals held: “She did not allege any facts indicating that her condition ‘involved … inpatient care’ or ‘continuing treatment by a health care provider,’ which is necessary to meet the FMLA’s definition of a ‘serious health condition,’” 2024 WL 4867099, at *2. The law is clear: without evidence meeting this strict definition, her case could not move forward.
Best FMLA Interference Lawyer Blogs on Point:
- Wrongfully Fired For FMLA Use Or ADA Violation? You Have Rights
- Employers Cannot Fire Employees For Failing Timely Call Off If Due To Disability Or FMLA
- When Do I Have To Notify My Job Of My FMLA Request?
Why Did McCray’s Case Fail Without An Attorney?
In the district court, McCray did not properly draft her complaint to state required elements and facts to support them. Employment law requires more than telling your side of the story; it requires presenting specific factual allegations that meet legal standards. Courts rely on Rule 12(b)(6) of the Federal Rules of Civil Procedure to assess whether a complaint includes enough detail to “raise a right to relief above the speculative level.” Courts do not base decisions on emotion; they follow procedural rules. Under Rule 12(b)(6), complaints must include enough facts to make the claim “plausible.” McCray’s vague allegations did not meet this standard. The Eleventh Circuit affirmed the dismissal, citing the Supreme Court’s reasoning in Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007): “To survive under Rule 12(b)(6), the plaintiff must allege factual allegations that ‘raise a right to relief above the speculative level.’” McCray’s reliance on vague statements about her mental health did not meet this threshold, leading to the dismissal of her case.
Then, on appeal, McCray made two more critical errors:
- She did not address all the reasons the lower court dismissed her claim, effectively forfeiting part of her argument on appeal.
- She failed to present the detailed factual and legal groundwork required for an FMLA case.
The Court made this clear, holding: “An appellant’s failure to raise an issue in the initial brief is treated as a forfeiture of that issue,” 2024 WL 4867099, at *1. With a skilled employment lawyer at the helm, these mistakes would have been avoided. An attorney would have ensured that McCray’s claims were not only properly documented but also that all appealable issues were preserved.
Best Wrongful Termination Attorney Blogs on Point:
- One More Reason Representing Yourself In Employment Discrimination Cases Is Bad
- Should I Handle My Disability Discrimination Case By Myself? No
- EEOC: Another Reason Why Not To Go It Alone
Can I Handle My Wrongful Termination Case On My Own?
Representing yourself in a legal dispute is like trying to perform surgery with instructions from a YouTube video—well-meaning but doomed to fail. Employment law cases are complex, with procedural traps that can sink your case before it even starts.
Employers often have legal teams prepared to exploit your mistakes. That is why having a lawyer on your side is not just helpful; it is essential.
If you are facing employment discrimination, wrongful termination, or violations like those in McCray’s case, you need a team that understands every detail of the law and how to win. Spitz, The Employee’s Law Firm is one of the largest firms in the country exclusively fighting for employees.
Our size and focus mean we have unmatched resources to dedicate to your case. Here is what makes Spitz the best choice for employees:
- Decades of successful trial experience, with a history of great results in even the toughest cases.
- A free consultation to help you understand your rights with no obligation.
- A no fee guarantee—you only pay if we win.
- Compassionate attorneys who understand the toll workplace violations take on your life and are dedicated to helping you move forward.
You do not have to face your employer alone. Let Spitz, The Employee’s Law Firm fight for you. Call us today to schedule your free consultation.
Employment Lawyer Disclaimer: This blog provides general information about employment law and does not constitute legal advice. Every case is unique, and readers should consult a qualified employment lawyer to get advice tailored to their situation. No promises of results are made. This blog is a legal advertisement and is intended to provide educational content about employment law, including issues like employee rights, discrimination, wrongful termination, and FMLA violations.
Best Wrongful Termination Law Firm Blogs on Point:
- Google Is Not A Substitute For Talking With An Employment Lawyer
- Employment Discrimination: Don’t Go It Alone
- What Happens If I Don’t Call the Right Attorney?
Employment Lawyer Disclaimer
This employee’s rights blog provides general information and should not be taken as legal advice regarding your workplace legal issues. Every case of wrongful firing or retaliation is unique, and employees should consult a qualified employment lawyer to get advice tailored to their situation. No promises of results are made. This blog is a legal advertisement and is intended to provide educational content about employment law, including issues like employee rights, discrimination, wrongful termination, and FMLA violations.