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ESCRIBA v. FOSTER POULTRY FARMS, INC.

Nos. 11-17608, 12-15320.

743 F.3d 1236 (2014)

Maria ESCRIBA, Plaintiff-Appellant-Cross-Appellee, v. FOSTER POULTRY FARMS, INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2014.

Attorney(s) appearing for the Case

Robert Borton , Elizabeth Kristen (argued), Sharon Terman (argued), The Legal Aid Society-Employment Law Center, San Francisco, CA, for Plaintiff-Appellant/Cross-Appellee.

Julia A. Follansbee , Follansbee & Associates, Bend, OR; Carmine R. Zarlenga (argued), Michael B. Kimberly , Mayer Brown LLP, Washington, D.C., for Defendant-Appellee/Cross-Appellant.

Jonathan J. Frankel , Steese, Evans & Frankel, P.C.; Sarah Crawford , Abigail Cook-Mack , National Partnership for Women & Families, Washington, D.C., for Amicus Curiae National Partnership for Women & Families, A Better Balance, California Women's Law Center, Equal Rights Advocates, National Employment Lawyers Association, National Women's Law Center, and 9to5, National Association of Working Women.

Before: SIDNEY R. THOMAS, RONALD LEE GILMAN, and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

GILMAN, Senior Circuit Judge:

Maria Escriba worked in a Foster Poultry Farms, Inc. (Foster Farms) processing plant in Turlock, California for 18 years. She was terminated in 2007 for failing to comply with the company's "three day no-show, no-call rule" after the end of a previously approved period of leave, which she took to care for her ailing father in Guatemala. Escriba subsequently filed suit under the Family and Medical Leave Act (FMLA) and...

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