United States District Court, D. Massachusetts
For Sandra Chacon, Plaintiff: Lynn A. Leonard, LEAD ATTORNEY, Melrose, MA.
For Brigham & Woman's Hospital, Rose Johnson, Defendants: Jeffrey A. Dretler, LEAD ATTORNEY, Amber L. Elias, Fisher & Phillips LLP, Boston, MA.
MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO DISMISS
F. Dennis Saylor IV, United States District Judge.
This is an employment dispute arising out of an allegedly wrongful termination. Plaintiff Sandra Chacon alleges that defendants violated both the Family and Medical Leave Act (" FMLA" ), 29 U.S.C. § 2611 et. seq., and Massachusetts employment-discrimination law by terminating her from her position as a patient account representative at Brigham and Women's Hospital (" BWH" ). Specifically, Chacon alleges
that defendants both interfered with her FMLA rights and terminated her in retaliation for exercising those rights. In addition, she alleges wrongful termination in violation of public policy on the part of defendant BWH and intentional interference with advantageous business relations on the part of defendant Rose Johnson.
Defendants have moved to dismiss the complaint for failure to state a claim. For the following reasons, the motion will be granted in part and denied in part.
A. Factual Background
The following facts are taken from the complaint unless otherwise stated.
Sandra Chacon was hired by BWH on May 2, 2011, as a patient account representative in the medicine/patient services department. (Compl. at ¶ 8). The position involved extensive telephone interaction with patients. ( Id. ).
Defendant Rose Johnson was Chacon's immediate supervisor. ( Id. at ¶ 9). Johnson is responsible for " ensuring employee performance" in the department. ( Id. at ¶ 14). Chacon also reported to Karl Scottron, the department head. ( Id. at ¶ 9).
In February 2012, Chacon started to receive e-mails from Johnson criticizing her for not meeting her quota of answered telephone calls. ( Id. ). She apparently received a verbal warning. ( Id. ¶ 19). Chacon requested and was granted a meeting with Johnson and Scottron to discuss the criticisms. ( Id. at ¶ 10). According to the complaint, at the meeting Scottron acknowledged that there was an ongoing problem with the computer system that tracked employee telephone activity and suggested that Ms. Johnson contact the information technology department ...