Walls v. Central Contra Costa Transit Authority, No. 10-15967 (9th Cir. 2011)
Annotate this CasePlaintiff appealed the district court's grant of summary judgment in favor of defendant where plaintiff was a former bus driver for defendant and was terminated, subsequently reinstated pursuant to an agreement executed over the course of a grievance process, and then again terminated for an unexcused absence that violated the attendance requirements of the agreement. At issue was whether the district court properly granted summary judgment to defendant on plaintiff's claims that the second termination violated the Family Medical Leave Act (FMLA), 29 U.S.C. 2612, and plaintiff's due process right to a pretermination hearing under the United States and California Constitutions. The court held that because plaintiff was not an employee of defendant when he made his request for leave, the court affirmed the district court's grant of judgment for defendant on plaintiff's FMLA claim. The court held, however, that because plaintiff received no pretermination hearing, he was denied due process under the United States and California Constitutions. Therefore, the court reversed the district court's grant of summary judgment for defendant on plaintiff's due process claims and remanded with instructions to grant judgment for plaintiff on these claims.
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