United States Seventh Circuit

In a retaliatory discharge action brought under the Family Medical Leave Act, district court's grant of summary judgment in favor of defendant is reversed where: 1) the entry of default against defendant was properly vacated as defendant had good cause for the late submission of its answer, acted in a timely fashion to have the order set aside, and had a meritorious defense to the complaint; 2) plaintiff did not prove a causal connection between plaintiff taking FMLA leave and defendant's adverse employment action, and thus cannot show that defendant acted with discriminatory intent; 3) plaintiff cannot show that he met defendant's legitimate job expectations at the time that he was discharged and and that he was treated less favorably than similarly situated employees; and 4) plaintiff's interference claim fails as he presented no evidence supporting his assertion that he would have retained his job had he not taken FMLA leave.

Appellate Information

• Decided 03/17/2009
• Published 03/17/2009

Judges

• RIPPLE, Circuit Judge., Before RIPPLE, MANION and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Brian R. Holman (argued), Holman & Stefanowicz, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Sara L. Pettinger, Adam C. Smedstad (argued), Scopelitis, Garvin, Light, Hanson & Feary, Chicago, IL, for Defendant-Appellee.