Record contained sufficient evidence to support jury’s verdict in favor of plaintiff in action alleging that defendant violated anti-retaliation provisions of FMLA when defendant terminated plaintiff shortly after she asserted her FMLA right seeking leave to take care of her autistic child for several hours 2 days per week. Jury could properly believe evidence that: (1) defendant’s management was upset over plaintiff’s request to be allowed to stay home and work at time defendant was demanding that all of its workers work at workplace; and (2) defendant’s management falsely told plaintiff that FMLA could not be used to authorize leave to take care of sick child, under circumstances where plaintiff had experienced unsuccessful attempts to obtain day care for said child. Also, plaintiff was entitled to double her actual damages, where, as here, defendant failed to show that its actions in terminating plaintiff were done in good faith. Also, plaintiff was entitled to full attorneys’ fees award, even though plaintiff did not prevail on her FMLA interference claim, where both of plaintiff’s FMLA claims were similar in nature and were based on largely same facts.
Federal 7th Circuit Court
Civil Court
Family and Medical Leave Act