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Feggins v. County of Niagara

Adverse Actions Not Shown Due to FMLA Leave; Retirement Not Shown Constructive Discharge

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DECISION AND ORDER I. Introduction This is an employment discrimination action by Plaintiff Annette Feggins, a former Niagara County employee, alleging Defendant County of Niagara retaliated against her for her using leave under the Family and Medical Leave Act, 29 U.S.C. ch. 28, §§2601, 2612, 2615, 2601-54 (“FMLA”). Before this Court is the Motion for Summary Judgment of Defendant County of Niagara (or “County”) (Docket No. 46). For the reasons that follow, Defendant’s Motion for Summary Judgment (Docket No. 46) is granted, and this case is dismissed. II. Background Plaintiff generally agrees with Defendant’s Statement of Facts (Docket No. 46, Def. Statement; cf. Docket No. 56, Pl. Statement). Plaintiff differs, however, as to various details alleged in Defendant’s Statement. For example, she denied memoranda she received prior to her May 2016 leave were counseling or disciplinary (Docket No. 56, Pl. Statement

12, 13, 15-18). Defendant replied that the various details were not material (Docket No. 57, Def. Reply St.

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