United States Eighth Circuit

In a suit alleging interference and retaliation by a state-government employer in violation of the Family and Medical Leave Act (FMLA), summary judgment for defendants is affirmed where: 1) plaintiff had given proper notice to her employer that she required FMLA leave, but this disputed fact was not material since plaintiff did not produce sufficient evidence to demonstrate that her termination was related to her FMLA leave; and 2) plaintiff had exercised rights under FMLA sufficient to subsequently bring a retaliation claim when she was terminated, but defendant demonstrated that she had been terminated for non-FMLA reasons.

Appellate Information

• Decided 11/18/2008
• Published 11/18/2008

Judges

• BYE, Circuit Judge., Before BYE, BEAM, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lucien Ramseur Gillham, argued, Benton, AR, for appellant.


• For Appellees:
  
• Ka Tina R. Hodge, Asst. Atty. Gen., argued, Little Rock, AR (Melanie Winslow Hoover, Asst. Atty. Gen., on the brief), for appellees.