Oakland, California – Oakland employee rights law firm, Erlich Law Firm, obtained a procedural victory in federal court when U.S. District Judge Jacqueline Scott Corley denied Southwest Airlines’ motion for summary judgment, allowing the claims against the airline to proceed to a jury trial currently set for October 13, 2026.

Flight attendants challenging Southwest Airlines’ treatment of employees who took family and medical leave will have the opportunity to take their case to a jury after the judge criticized Southwest’s late legal argument and identified weaknesses in its evidence. The class action centers on a question that matters to working families: whether employees were put closer to losing their jobs because they took time off protected by the Family and Medical Leave Act (FMLA).

“When someone needs medical care or must care for a seriously ill family member, they already have enough to worry about,” said attorney Jason Erlich. “They should not have to wonder whether taking protected leave will put their livelihood at risk.”

The lawsuit, brought on behalf of a class of flight attendants represented by Oakland-based Erlich Law Firm, challenges Southwest’s attendance policy. The flight attendants allege that using even one day of FMLA leave in a quarter barred an employee from reducing attendance points through the airline’s quarterly record-improvement program. They contend that the policy left points on employees’ records that should have been removed and contributed to discipline and termination. 

Judge Corley rejected Southwest’s effort to use a narrowly authorized, late motion to argue broadly that its policy was lawful. Calling that argument “procedurally improper,” she explained that it exceeded the permission the Court had granted. “The Court did not give Defendant leave to raise arguments it could have raised months ago in a timely motion for summary judgment,” she wrote. 

With the summary judgment motion denied, the case moves into its final pretrial phase. The parties are expected to complete remaining pretrial filings, address evidentiary issues, and participate in any court-ordered settlement discussions ahead of the October 13th trial date. Unless the case is resolved beforehand, a jury will be empaneled to hear testimony from the plaintiff, Southwest personnel, and other witnesses and to review the documents produced in discovery.

For the employees, the stakes reach beyond the points on an attendance record. Plaintiffs seek accountability for the loss of jobs and income they contend resulted from the policy. Their case asks whether leave meant to protect employees instead became an obstacle to keeping their jobs.

Erlich Law Firm, based in Oakland, represents the plaintiffs in the action against Southwest. The firm has framed the ruling as an important step in ensuring that the flight attendants have an opportunity to present the case to a jury, consistent with the constitutional right to a civil trial.

“People can be dedicated employees and still need time to recover or care for someone they love,” Erlich said. “We look forward to putting the evidence before a jury and asking it to hold Southwest accountable for the harm our clients allege.”

CASE INFORMATION
Case Number: 22-CV-00868-JSC
Case Name: Roreste Refuerzo vs. Southwest Airlines, Co.
Court: United States District Court Northern District of California
Order Denying Defendant’s Motion for Summary Judgment (PDF)