This has been posted before so this is a re-post:
An employee, Frank Farrell, learned he had diabetes prior to working as a bus driver for Tri-County Metropolitan Transportation District (TriMet). Years later, he also suffered from a number of maladies, including asthma, and emphysema and/or chronic bronchitis. On several occasions, he requested permission under the Family Medical Leave Act (FMLA) to be absent from work due to his medical conditions. When TriMet denied his requests, Farrell was diagnosed with anxiety and depression, and was ordered by his doctor to take time off from work as a result of the mental distress. He sued TriMet under the FMLA, seeking lost wages and emotional distress damages. The jury awarded just $1,110 in lost wages.
Incredibly, TriMet appealed the $1,110 award (see Why Big Firms Don't Work), claiming that while an employee can recover lost wages for an improper denial of leave under the FMLA, it cannot recover those lost wages if they are the result of "psychic injuries." The Ninth Circuit Court of Appeals agreed with the argument by TriMet that Congress did not intend the FMLA to allow the recovery of emotional distress damages. However, it found that as to the facts of this case, TriMet's argument failed because the jury's verdict merely required TriMet to compensate Farrell for the wages he lost by reason of TriMet's FMLA violation, not for his psychic injury. The judgment was affirmed.
http://www.toplawfirm.com/casesofnote.html
No comments:
Post a Comment