Alderdice v. American Health Holding, Inc.

Type

Opinion of the Court

Per curiam

Yes — no individual author

Filed

June 14, 2002

Case

Alderdice v. American Health Holding, Inc.

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

MEMORANDUM OPINION PER CURIAM. Plaintiff Sheryl Alderdice appeals from a grant of summary judgment to her former employer, defendant American Health Holding, Inc. Plaintiff filed suit under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., and the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. §§ 2601-2654 , after she was fired from her position as a utilization nurse with defendant. Plaintiff alleges that she was wrongfully terminated be *186 cause she suffered from health problems that adversely affected the interests of her former employer; defendant counters that its decision stemmed from plaintiffs repeated tardiness. In her brief to this court and during oral argument, plaintiff contended that the record contained direct evidence that officers of American Health specifically intended to terminate her in order to preclude her from taking advantage of short-term disability benefits to which she was entitled in violation of § 510 of ERISA. Our independent review of the record fails to support this contention. The depositions relied upon by plaintiff reveal that office…

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