On August 22, 2025 Correia and Puth client Marina Eisenberg moved one step closer to trial when the D.C. Superior Court denied her former employer’s motion for summary judgement, finding disputes of fact meant a jury should hear her case. Ms. Eisenberg worked as D.C. Bilingual Public Charter School’s (“DCB”) Director of Operations in 2019 and 2020. Ms. Eisenberg took parental leave under the D.C. Family and Medical Leave Act, planning to return to work in November 2020. In the lead up to her return, DCB told her that she would return to a job with materially worse terms and conditions, potentially having to start work as early as 6:00 a.m. and end work as late as 11:00 p.m., requirements that were not previously a part of her job. According to her employer, these changes were necessary due to an audit from the school’s authorizing oversight board, the Public Charter School Board (PCSB). This justification was not true. Ms. Eisenberg filed her complaint in the D.C. Superior Court asserting claims of fraudulent and negligent misrepresentation, and interference and retaliation in violation of the D.C. Family & Medical Leave Act.
In its decision denying DCB’s motion for summary judgment, the D.C. Superior Court found that “a jury could find on the present factual record that Defendant did not restore Plaintiff to an equivalent position she held before she took DCFMLA leave,” as required by the statute. Additionally, the court ruled that factual issues persist regarding Ms. Eisenberg’s fraudulent and negligent misrepresentation claims as the evidence demonstrated that the PCSB did not suggest any changes to Ms. Eisenberg’s position, or in fact make any recommendations about where or when any of DCB’s personnel should work. The case is now headed to trial before a jury.
Ms. Eisenberg is represented by Linda M. Correia and Andrew M. Adelman.
