Bosley v. Cargill Meat Solutions Corp., No. 12-1290 (8th Cir. 2013)Annotate this Case
Plaintiff, an employee of Cargill, sued under the Family and Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq., asserting FMLA entitlement and retaliation claims. The district court granted Cargill's motion for summary judgment on both claims. The court held that plaintiff had provided insufficient evidence for a reasonable jury to find that she gave Cargill adequate notice under the FMLA; plaintiff's notice requirement was not excused on the basis of extraordinary circumstances; and there were no genuine issues of material fact as to her failure to satisfy her notice obligation under the FMLA and therefore, the district court did not err in dismissing plaintiff's entitlement claim. Further, plaintiff failed to make a prima facie case for FMLA retaliation and the district court did not err in dismissing this claim.