In a decision that is great news for retail employers, the U.S. Court of Appeals for the Sixth Circuit, which hears appeals from federal courts in Kentucky, Michigan, Ohio, and Tennessee, has held that an employer should have a good-faith basis for believing that an employee committed FMLA fraud before terminating the employee, but the employer doesn't have to prove that the employee was "guilty beyond a reasonable doubt." In Seeger v. Cincinnati Bell Telephone Co., an employee on FMLA leave for a herniated disc was reportedly seen partying down at the local Oktoberfest. The company investigated, determined he was guilty, and fired him. However, a few co-workers who had seen him at the festival said that he looked as if he was in pain. The plaintiff argued that the company should have given more weight to this evidence and should not have terminated his employment. The court disagreed, and affirmed summary judgment for the company based on its honest belief that the plaintiff had committed FMLA fraud.