Ex-Wynn Server Accepts Reduced Settlement in Family Leave Act Dispute
Ex-Wynn Server Settles for Reduced Damages in FMLA Case
A former cocktail server at Wynn Las Vegas has agreed to accept a much smaller settlement following a federal judge’s decision that an earlier jury award was excessively high in a lawsuit concerning the Family and Medical Leave Act (FMLA).
Judge Revises Jury’s Damage Award in Wynn FMLA Case
Tiare Ramirez, who was employed at Wynn Las Vegas from 2008 until her termination in 2017, will receive $27,200.75 rather than the $321,200 originally awarded by a jury last year. U.S. District Judge Andrew Gordon reduced the payout after scrutinizing the five-day trial evidence, concluding it did not sufficiently support the jury’s calculations for lost wages, emotional distress, and punitive damages.
Ramirez’s attorney, Christian Gabroy, stated that his client chose the reduced amount to avoid another trial focused on damage assessments, though she retains the right to appeal. He emphasized that the court upheld the jury’s finding that Wynn violated Ramirez’s FMLA rights.
Background of the FMLA Lawsuit
The dispute arose in March 2017 when Ramirez requested FMLA leave. She later appeared in social media photos at a gender reveal party, wearing high heels despite having submitted a doctor’s note citing ankle issues related to wearing such footwear. Following this, Wynn launched an internal investigation. Ramirez exhausted her FMLA and union-negotiated leave over several months but was terminated in November 2017 on grounds of “willful misconduct” and dishonesty.
Jury Rules on FMLA Violation Despite ADA Claim Rejection
While the jury rejected Ramirez’s claims under the Americans with Disabilities Act (ADA), it found that Wynn violated her FMLA rights. The initial damages were intended to compensate for financial loss and emotional suffering, but Judge Gordon found the evidence insufficient to justify those amounts.
Along with the reduced damages, the judge awarded prejudgment interest of $6,722.91. However, he denied requests from Wynn to sanction Ramirez’s attorneys and declined Ramirez’s petition for additional compensation.
Impact and Significance of the Case
Wynn Resorts has not publicly commented on the verdict. Ramirez filed the lawsuit in 2019, nearly two years after her dismissal. Although the legal proceedings lasted several years, her lawyer described the outcome as a significant victory, affirming that her termination was unlawful. The case highlights the complexities employees face in navigating medical leave policies and the scrutiny they may endure during such leave.