United States Eighth Circuit

District court's dismissal on summary judgment of plaintiff's claims of employment retaliation and violations of the Family and Medical Leave Act (FMLA) is affirmed where: 1) plaintiff failed to show he provided adequate notice to his employer that he had a serious health condition rendering him unable to work; 2) plaintiff's claim that defendant interfered with his FMLA rights by demoting him for unexcused absences must fail; 3) plaintiff's retaliation claim fails for the same reasons as his interference claim.

Appellate Information

• Decided 08/25/2009
• Published 08/25/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Justin Scott Gilbert, argued, Michael L. Russell, on the brief, Jackson, TN, for appellant.


• For Appellees:
  
• Jeffrey S. Mayes, argued, David M. Minces and John K. Linker, on the brief, Houston, TX, for appellee.