Guevara v. A&P Restaurant Corp.

Background

Jorge Paredes Guevara sued A&P Restaurant Corp., Anastasio Gionnopoulos, and Peter Gionnopoulos. He alleged interference with his rights and retaliation under the Family and Medical Leave Act (FMLA), as well as retaliation under New York Labor Law § 215. The first amended complaint initially included additional FMLA discrimination and accommodation claims and New York Executive Law § 296 claims, but Guevara voluntarily withdrew those claims. The court therefore considered only the FMLA interference and retaliation claims and the New York Labor Law § 215 retaliation claim.

Guevara alleged that he worked as a cook for A&P. In October 2023, he began doing additional dishwashing work because of a staff shortage while continuing to cook. He alleged that moving between the kitchen and refrigerator exposed him to extreme temperature changes, after which he developed a severe cough and fever. On October 30, 2023, he requested 15 days of medical leave, which his manager approved. He went to an emergency room on November 8, where he was evaluated for pneumonia, prescribed medication for his cough and fever, and cleared to return to work. When he went to A&P after that visit, he alleged that the defendants told him he had been terminated and replaced.

Motion to Dismiss

The defendants moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), which concerns the court’s power to hear a case, and Rule 12(b)(6), which tests whether a complaint alleges enough facts to support a legally plausible claim. The court granted the motion.

FMLA Claims

The court held that Guevara had not adequately alleged a “serious health condition,” a threshold requirement for the FMLA leave rights he invoked. The court noted that his alleged incapacity began on October 30, 2023, but his first and only medical visit occurred on November 8, outside the required seven-day period for the relevant type of continuing treatment. He also did not allege treatment two or more times within 30 days or a continuing-treatment regimen supervised by a health-care provider. The court concluded that the prescription of a cough suppressant and acetaminophen did not establish such a regimen.

The court therefore dismissed Guevara’s FMLA interference and retaliation claims with prejudice.

New York Labor Law Claim

New York Labor Law § 215 prohibits an employer from retaliating against an employee who complains about a violation of the New York Labor Law. The court held that Guevara again failed to allege that he complained to the defendants about a labor-law violation. His allegation that he was terminated after visiting the defendants from the emergency room did not meet that requirement.

The court therefore dismissed the New York Labor Law § 215 retaliation claim with prejudice.

Sanctions Request

Although the defendants had not filed a separate sanctions motion or obtained permission to seek sanctions, they asked for sanctions in their reply papers. They argued that Guevara’s lawyer misquoted legal decisions, cited decisions that did not exist, and relied on authorities that did not support the cited propositions.

The court found that the opposition brief contained misquoted and nonexistent case law. It warned that this conduct could be sanctionable under Federal Rule of Civil Procedure 11, but it chose not to impose sanctions at that time. The court stated that it could take appropriate action if the conduct continued.

Leave to Amend and Disposition

The court declined to give Guevara another opportunity to amend the first amended complaint. It found that amendment would be futile because the additional allegations did not fix the defects in the FMLA and retaliation claims. The court also noted inconsistencies in the alleged medical condition and an unrelated reference to pregnancy in the amended complaint.

The defendants’ motion to dismiss was granted. The court dismissed Guevara’s first amended complaint in its entirety with prejudice and denied leave to amend. The opinion does not state that the court imposed sanctions.