Employment
FMLA

Where an employee was working for a family business while on FMLA leave, her termination did not violate the Act.

"[T]he information gleaned from Sergeant Largent's reconnaissance was sufficient to give Raybestos an 'honest suspicion' that Vail was not using her leave 'for the intended purpose.' Vail had taken medical leave for her October 6, 2005 evening shift. The next morning, the off-duty police officer saw Vail working for her husband's lawn-mowing business. Raybestos received this information after it already suspected that Vail was gaming her leave in order to work for her husband's business. So when it heard information consistent with what they suspected she was doing while on leave, Raybestos decided to terminate her. Vail's call later that day-after a day of mowing under Sergeant Largent's gaze-stoked this suspicion. As a result of this 'honest suspicion,' Raybestos did not violate Vail's rights under the FMLA."

Affirmed.

07-3621 Vail v. Raybestos Products Co.

Appeal from the United States District Court for the Southern District of Indiana, Young, J., Flaum, J.

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