United States Tenth Circuit

In a former employee's Family and Medical Leave Act (FMLA) action alleging interference with her FMLA rights and retaliation for the exercise of those rights, summary judgment for the employer-bank is affirmed where plaintiff: 1) did not show that defendant's reasons for her termination -- her failure to meet deadlines, poor job performance, poor attitude, and failure to maintain adequate job-related skills -- were pretextual; and 2) failed to establish a causal connection between her exercise of FMLA rights and her termination.

Appellate Information

• Decided 09/27/2006
• Published 09/27/2006

Judges

• EBEL, Circuit Judge., Before PORFILIO, EBEL, Circuit Judges, and HERRERA, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Stephen D. Lanterman, Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C. (Alan V. Johnson, with him on the briefs), Topeka, KS, for Plaintiff-Appellant.


• For Appellees:
  
• Patricia E. Riley, Weathers & Riley, Topeka, KS, for Defendant-Appellee.