Allen v. Walmart Stores, Inc.

OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (Doc. #17)

SEAN F. COX, District Judge.

This is an employment discrimination case. Plaintiff C. Michael Alen (“Plaintiff’) alleges that Defendant Wal-Mart Stores, East LP (incorrectly referred to as Walmart Stores, Inc.) (“Defendant” or “Wal-Mart”) violated the Family and Medical Leave Act (“FMLA”)1 by failing and/or refusing to restore him to his position of store manager following his return from an FMLA-protected leave. Defen*725dant maintains that Plaintiff voluntarily-resigned from his position prior to going on FMLA leave.

This…