United States Seventh Circuit

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Smith v. The Hope School, 08-2176

In an interference and retaliation action brought under the FMLA, district court's grant of defendant's motion for summary judgment is affirmed where: 1) plaintiff presented false certification paperwork when she altered forms purporting to contain her physician-s diagnosis and thus was not entitled to FMLA leave; and 2) plaintiff was not fired in retaliation for asserting her rights under the Act as defendant was entitled to terminate her employment due to her unexcused absences.

Appellate Information

  • Argued 02/19/2009
  • Decided 03/30/2009
  • Published 03/30/2009


  • FLAUM, Circuit Judge., Before FLAUM and WILLIAMS, Circuit Judges, and KAPALA, District Judge.


  • United States Seventh Circuit


  • For Appellant:
  • John A. Baker (argued), Baker, Baker & Krajewski, Springfield, IL, for Plaintiff-Appellant.

  • For Appellees:
  • William P. Hardy (argued), Hinshaw & Culbertson, Springfield, IL, for Defendant-Appellee.
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