United States Tenth Circuit

In the context of the Family and Medical Leave Act (FMLA) actions, when an employer cites only factors predating the employee's return to work to justify an adverse action, the claim may be brought under either a retaliation or interference theory.

Appellate Information

• Decided 03/09/2007
• Published 03/12/2007

Judges

• LUCERO, Circuit Judge., Before LUCERO, McCONNELL, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

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


• For Appellees:
  
• John C. Stivarius, Jr., Epstein, Becker, & Green, Atlanta, GA (Jack D. Rowe and Sara J. Kagay, Lathrop & Gage, Kansas City, MO;  and Teresa B. Stivarius and Brenton S. Bean, Epstein, Becker, & Green, Atlanta, GA, with him on the briefs), for Defendant-Appellee.