Eastus v. Blue Bell Creamerie L.P.,

97 F.3d 100 (5th Cir. 1996)

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Nature of the Case

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Facts

P worked for D for over ten years, mostly as a route salesman. On July 12, 1994, P asked for time off because he expected his wife to give birth. According to P, his immediate supervisor told him two days later that the branch manager had threatened to fire him if he took the time off. This 'resulted' in P's termination on August 5. (It appears that he took time off despite this threat, got into an argument with his supervisors when he returned to work on August 1 and was fired on August 5). P complains that this was a violation of section 105 of the Family and Medical Leave Act ('FMLA'). See 29 U.S.C. § 2615(b). P also claimed that D knew at that time that he was under considerable stress and that his wife was pregnant and overdue, and thus firing him exceeded 'all possible bounds of decency.' Consequently, P and Paige Eastus sue for intentional infliction of emotional distress under Texas law. P further alleges that, when he was interviewing for other jobs, D falsely told his potential employers that he was hard to work with and disloyal. P alleges that this was tortious interference with prospective contractual relations under Texas law. D denies all of these allegations and asserts that P was a troublesome employee who was fired for insubordination and for making profane statements to his supervisors and managers. P filed a civil action against D in Texas state court for the FMLA violation, tortious interference with prospective contractual relations, and intentional infliction of emotional distress. D filed an answer and then removed the case to federal court on the ground that it raised a federal question. P then moved for remand on the ground that FMLA cases are not removable and that the state law claims predominate and are 'separate and independent' from the federal question. The district court held that FMLA cases are removable but remanded the two state law claims under 28 U.S.C. § 1441(c).