United States Eighth Circuit

In former janitor's action against defendant-employer raising Family and Medical Leave Act (FMLA) interference claims, summary judgment for defendant is affirmed where the district court correctly held she did not state an interference claim under the FMLA because plaintiff was terminated for failing to comply with her employer's call-in policy, and she would have been terminated for doing so irrespective of whether the absences at issue were related to FMLA leave.

Appellate Information

• Decided 12/22/2008
• Published 12/22/2008

Judges

• BYE, Circuit Judge., Before LOKEN, Chief Judge, BYE and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Ruth Y. Ostrom, argued, Minneapolis, MN (Mark A Greenman, on the brief), for appellant/cross-appellee., Beverly J. Wolfe, Assistant County Attorney, argued, Minneapolis, MN, for appellee/cross-appellant.