FMLA Claim Precluded By Employer's Honest Suspicion That Employee Was Not Using Medical Leave For Intended Purpose

Diana Vail, a former employee of Raybestos Products Company, suffered from migraine headaches, a condition that required her periodically to take medical leave from her job there. In October 2005, Raybestos fired Vail for abusing her leave. Clandestine surveillance had caused Raybestos to suspect that, while supposedly on leave, Vail had actually been working for a family business. This lawsuit followed, alleging that Raybestos had violated the Family Medical Leave Act (FMLA).  The district court granted Raybestos's motion for summary judgment.  On appeal, the 7^th Circuit affirmed, holding that an employer has not violated the FMLA if the employer refused to reinstate the employee based on an honest suspicion that she was abusing her leave.

Vail v. Raybestos Products Co.

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The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.