- Both Dulen and Freeman were hired by Darco transportation to transfer goods to San Francisco and Freeman was killed when their tractor-trailer was hit by a train.
- The signal arms malfunctioned and came up before the oncoming train reached the intersection, the first truck passed however Dulen's was hit and the signal arms did not lower until it was on the tracks.
- An investigation took place and Dulen had minimal harm while the investigator found that Freeman and Dulen where in an intimate relationship.
- at first it was claimed that Dulen and Freeman were having sex however later it was found that there was not enough room for two people to fit in the driver seat.
- beaver suffered from acute sinusitis, bronchitis, and ear infection. A doctor advised not not fly back.
- She informed RGIS only a day before her return to work, did not inform them about her diagnosis furthermore did not disclose where she went to vacation.
- Thus she was not going to be able to return to work until a week after, when she returned she was fired.
- Beaver claimed here termination violated her FMLA rights, district court granted motion summary to RGIS later Beaver appealed.
- Was Beavers termination is violation of her FMLA rights?
- The FMLA states that an employee has a twelve wee leave if that employee suffers from a serious health condition that does not allowe him/her unable to function properly. FMLA defines illness as an impairment or physical and mental condition involving constant treatment. Short or common illnesses are not covered by the statue.
- beavers illness was short term and only required a few days to recover thus did not require and sort of treatment. She was not entitle to FMLA protection because she was no suffering from a serious medical condition.