Frederick Capps worked for Mondelez Global since 1989, operating a mixing machine that makes dough. Capps suffered from ailments that caused severe pain at times in the pelvic region, thighs and hips, sometimes lasting for days or weeks at a time. Therefore, Capps requested intermittent time off from work when flare-ups occurred. Capps was certified for intermittent FMLA leave following his hip replacements, and thereafter throughout his tenure at Mondelez, he was continuously recertified approximately every six months for intermittent FMLA leave for his condition until his employment was terminated in 2014. Capps was scheduled to work on Thursday, February 14, 2013, but he gave notice that he would be taking FMLA leave. Capps testified that since his wife was out of the country that week on a business trip and that because he didn't "know how to cook," he drove to a local pub, which was not more than one and a half miles from his home, to "get something to eat." According to Capps, at the pub he also drank three beers and three shots of alcohol with his friends, and he spent approximately 2 to three hours at the pub. Afterwards, despite feeling too intoxicated to drive, Capps attempted to drive home. Capps was stopped by police on his drive home, arrested for DUI, and was not released from jail until the next morning (Friday, February 15); Capps requested FMLA leave for that day as well. Sometime later Mondelez HR learned of Capps's arrest, and also that additional days for which he requested and received FMLA leave coincided with his DUI-related court appearances. Mondelez then fired Capps for abuse of FMLA leave.

Do you believe Mondelez could legally fire Capps for abuse of FMLA leave?