Rasic v. City of Northlake and Dennis Koletsos, individually
Sep 14, 2010OUTCOME: Jury verdict in favor of client
Mr. Rasic, who is a former police officer for the City of Northlake, alleged that he was terminated in violation of the FMLA because he took FMLA leave and asserted his FMLA rights. In May 2007, Mr. Ra ... sic informed Northlake that he and his wife were expecting a baby in July. He therefore requested three weeks of paternity leave under the FMLA, which the City approved. In early July 2007, Mr. Rasic began his approved paternity leave. However, his daughter experienced serious complications during birth and was admitted to the intensive care unit for a week after delivery. When the Rasics took her home, they were advised to monitor her breathing and activity very closely for the first few months of her life. At the same time, Mr. Rasic's father suffered complications from a prior hip surgery, and required life-threatening surgery to take place in August 2007. Because of this, Mr. Rasic extended his FMLA leave to the full twelve weeks allowed by law, which the City approved. However, less than three weeks into his leave he was contacted by his supervisor, Chief Dennis Koletsos, and was told that he needed to start making plans to return to work, and that the Chief was not going to "let him take the summer off like this." Mr. Rasic did not immediately agree to return to work. The next morning, Mr. Rasic was informed that Chief Koletsos had ordered him to appear in court on a subpoena. Mr. Rasic contacted Chief Koletsos to reiterate that he was on FMLA leave and would seek a continuance of the court date, which was standard practice in the department. After that conversation, Chief Koletsos recommended Mr. Rasic's termination to the City of Northlake Police Commission based upon Mr. Rasic's failure to appear in court on the subpoena and alleged insubordination. After a disciplinary hearing wherein Chief Koletsos prosecuted the case against Mr. Rasic, the City terminated Mr. Rasic's employment. After a three-day trial during which Alejandro Caffarelli and Lorrie Peeters represented the Plaintiff, the jury returned a verdict in favor of Mr. Rasic and against both the City and Chief Koletsos.
