Smith v. AS America, Inc., 85 F. Supp. 3d 1046

Background

Thomas Smith worked as a Kiln Utility for American Standard; his job required repeatedly lifting heavy porcelain (bowls ~50 lbs, tanks ~25 lbs).
Nevada plant had a “no fault” attendance policy: 1 point per absence; 8 points in a rolling year = termination; FMLA-covered absences should not generate points.
Smith submitted an FMLA application in January 2011 for recurring lower-back pain (provider anticipated periodic flare-ups, prescription NSAIDs/muscle relaxants, and periodic visits at least twice per year); HR recorded that January absence as FMLA.
On Feb 5, 2011 Smith injured his back plowing snow, missed shifts Feb 6–8, and contemporaneously informed HR he believed his January FMLA covered the absences; he provided clinic notes and sought FMLA forms.
On Feb 8 HR assessed three points for the Feb absences (bringing Smith to eight points) and terminated him before receiving the Feb 11 certification; Smith later filed suit for FMLA interference. Smith died in 2014 and his wife was substituted as plaintiff.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Smith’s Feb 2011 absences qualified as FMLA-protected serious health condition (incapacity >3 days / continuing treatment)	Smith argued injury + treatment and contemporaneous evidence showed incapacity from Feb 5–9 and continuing treatment, so FMLA covered the absences	American Standard relied on the Feb certification (listing a 3-day incapacity) to deny FMLA and claimed reliance on the form was dispositive	Court: Held FMLA covered Smith’s absences; employer could not ignore other evidence showing incapacity began Feb 5 and lasted beyond 3 full days
Whether Smith’s back condition qualified as a chronic serious health condition (intermittent episodes, periodic treatment)	Smith argued both January and February certifications forecasted periodic visits, medication, PT referrals, and episodic flare-ups → fits chronic condition definition	American Standard argued back problems must exist for years or that the Feb injury was an isolated event unrelated to chronic condition	Court: Held certifications supported chronic-condition classification; chronic conditions may be identified at diagnosis when provider predicts recurring episodes
Whether employer acted in good faith (affecting liquidated damages)	N/A (Plaintiff sought liquidated damages)	American Standard claimed reasonable grounds to deny FMLA	Court: Employer failed to prove good-faith reasonable belief; liquidated damages awarded equal to actual damages
Whether after-acquired evidence (post-termination arrest/jail) limits damages	N/A (Plaintiff argued full back-pay until she found other employment)	American Standard argued Smith’s July 2011 jail time would have led to termination under attendance policy, so back-pay should be cut off when employer would have lawfully fired him	Court: Employer met its burden by proving, via court records, Smith would have accrued the eighth point by July 20, 2011; damages cut off as of that date

Key Cases Cited

Stallings v. Hussmann Corp., 447 F.3d 1041 (8th Cir. 2006) (employee need only show entitlement to benefit denied to prove FMLA interference)
McKennon v. Nashville Banner Publ’g Co., 513 U.S. 352 (U.S. 1995) (after-acquired evidence may limit back-pay if employer proves it would have fired employee for that misconduct)
Stoops v. One Call Comm’ns, Inc., 141 F.3d 309 (7th Cir. 1998) (employer may rely on a certification that negates incapacity under certain circumstances)
Sellers v. Mineta, 358 F.3d 1058 (8th Cir. 2004) (courts look to actual employer practices, not just written policy, when applying after-acquired evidence doctrine)
Harris v. Chand, 506 F.3d 1135 (8th Cir. 2007) (employer’s burden to show it would have discharged employee for discovered wrongdoing)
Pagan-Colon v. Walgreens of San Patricio, Inc., 697 F.3d 1 (1st Cir. 2012) (other compensation recoverable under employment statutes can include overtime)
Welch v. Liberty Mach. Works, Inc., 23 F.3d 1403 (8th Cir. 1994) (discussion of employer policy enforcement in after-acquired evidence context)
Waag v. Thomas Pontiac, Buick, GMC, Inc., 930 F. Supp. 393 (D. Minn. 1996) (employer’s substantial burden to show discharge would have occurred under settled policy)