Sloan v. American Brain Tumor Association

Sloan began working for the Association in 2014. She received multiple merit raises. In 2016 she was promoted, making her an exempt salaried employee under the Fair Labor Standards Act (FLSA), 29 U.S.C. 213. Sloan’s relationship with Wilson, the Association’s president-CEO, deteriorated. Wilson became confrontational, unfairly criticized Sloan, and antagonized her in front of colleagues. At a meeting, Wilson asserted that Sloan “bring[s] [her] personal problems to work.” Sloan complained that the Association did not have a human resources department to help resolve the conflict. Wilson sent Sloan home and informed Sloan that she was suspended for six days without pay. Sloan stated, “I don’t even know if you can do this.” Wilson replied: “I’m the President ... I can do whatever I want.” Days later, Sloan emailed the Board of Directors, stating that she believed Wilson’s actions violated federal law and attacking Wilson’s leadership. Sloan's attorney emailed the Board regarding “potential legal claims” and “actionable defamation.” Wilson sent an email to the entire staff stating that "Sloan is no longer employed. Sloan alleged that she was fired in violation of the FLSA’s anti-retaliation provision. The Seventh Circuit affirmed the dismissal of the suit. Sloan attacked the substantive basis for her suspension, criticized Wilson’s leadership, and protested the absence of a human-resources department. These complaints expressed Sloan’s frustrations with Wilson and the Association, but no reasonable employer would recognize them as assertions of FLSA-protected rights concerning wages and hours. View "Sloan v. American Brain Tumor Association" on Justia Law