82 results for 'cat:"Employment" AND cat:"Damages"'.
J. Barrett denies the judge's motion for judgment as a matter of law, ruling the jury's split verdicts on the employee's Equal Protection and First Amendment claims are not inconsistent. Evidence allowed the jury to conclude the employee's termination, which came immediately after she requested time off for the Jewish high holidays, was a direct result of the request but not solely because of her religious beliefs. Meanwhile, the employee's voluntary resignation from a subsequent position requires the award of back pay be reduced by $20,000, while her failure to prove any evil intent on the part of the judge prevented an award of punitive damages, and so that $35,000 award will also be vacated.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: February 29, 2024, Case #: 1:17cv305, NOS: Employment - Civil Rights, Categories: employment, damages, First Amendment
J. Arnold finds a lower court improperly ruled in favor of a female minor on wage payment claims against her employer. The female minor argued that the mining company reduced her pay for walkaround rights, while paying a higher wage for actual mining activities. However, the cement company she works for sufficiently showed in court that walkaround activities for mine inspections were paid at a lower pay rate. Reversed.
Court: 8th Circuit, Judge: Arnold, Filed On: February 28, 2024, Case #: 23-2213, Categories: employment, damages
J. Marbley grants, in part, the employer's motion for judgment on the pleadings, ruling the employee's claim for liquidated damages under the Fair Labor Standards Act is barred because the underlying liability regarding overtime pay is disputed by the employer.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: February 20, 2024, Case #: 2:23cv1874, NOS: Fair Labor Standards Act - Labor, Categories: damages, employment Retaliation, Labor
J. Usman finds the lower court properly found in favor of an employee in this contract and employment matter. A timeshare cancellation negotiating company terminated an employee for attendance issues, but the employee argued her termination was retaliatory because she invoiced the company for unpaid commissions per her employment contract. A jury agreed with the employee and awarded her damages for breach of contract, unjust enrichment, retaliatory discharge and punitive damages. The employer argued the awards were erroneous and excessive, but the instant court finds no error in the trial court’s determination. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: February 6, 2024, Case #: M2022-00630-COA-R3-CV, Categories: damages, Contract, employment Retaliation
J. Robinson grants the U.S. Department of Labor's motion to pursue Fair Labor Standards Act violation claims against a Mexican style chain of restaurants. The U.S. Department of Labor sufficiently showed in court that the two restaurants failed to properly compensate employees for minimum wages, overtime, and tipping.
Court: USDC Kansas, Judge: Robinson, Filed On: February 2, 2024, Case #: 2:23cv2115, NOS: Fair Labor Standards Act - Labor, Categories: employment, damages, Labor
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[Consolidated.] J. Goodwine finds that plaintiff, a family services office supervisor, was improperly awarded $2 million in whistleblower claims brought after he filed reports contending cases had been seriously mismanaged and that his supervisor lied about her case management notes. Plaintiff did not suffer physical or economic harm, and thus he had been awarded excessive punitive damages. Reversed in part.
Court: Kentucky Court Of Appeals, Judge: Goodwine, Filed On: January 26, 2024, Case #: 2022-CA-0935-MR, Categories: damages, employment Discrimination, Whistleblowers
J. Miller finds that the trial court properly denied the employee's claim for penalty wages in a suit filed after her termination at a car dealership. Since the employer's dispute over the amount of wages owed to the employee was not done in bad faith, it was not liable for penalty wages in addition to the past due wages, attorney fees and costs that were awarded. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: January 26, 2024, Case #: 2023CA0676, Categories: employment, damages, Labor
J. Pallmeyer grants a real estate services company’s motion for judgment on the amount of money its former real estate broker owes it. The broker took a job with the company in 2018; his compensation agreement included a $1,375,000 loan that he wouldn’t have to repay so long as he didn’t quit before the end of 2024 without “good reason.” He quit anyway in 2020 after the company restructured how it awards commissions to its brokers. The company won summary judgment in the resulting lawsuit it brought against him, and now the court finds the broker owes the company over $1,894,000, which includes the loan, interest and taxes.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 26, 2024, Case #: 1:20cv3540, NOS: Negotiable Instrument - Contract, Categories: employment, damages, Contract
J. Doughty grants a request by the state, dismissing Title VII claims for damages by a white former police captain who alleges he was forced to resign by the agency's black superintendent after declaring he purge the district he commanded of “racist policing." Specifically, the ex-captain alleges the superintendent engaged in acts calculated to force his resignation including re-assigning him to a "career-ending position," authorizing internal affairs investigations of time-barred allegations, having him placed under surveillance and allowing leaks about the internal probes that falsely portrayed him as racist. The white ex-trooper's allegations are “indeed concerning” but he has failed to sufficiently allege facts showing he was compelled to resign.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: January 25, 2024, Case #: 3:23cv453, NOS: Employment - Civil Rights, Categories: employment, damages, Police Misconduct
J. Lin awards the employee $75,000 in damages after Boeing demoted him in retaliation for reporting a co-worker's age discriminatory conduct toward other workers. The employee was demoted and discouraged from applying for his former position within weeks of his complaint, and there is little evidence that Boeing's supervisor worked to help the employee get promoted.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 22, 2024, Case #: 2:22cv533, NOS: Employment - Civil Rights, Categories: employment, damages, employment Discrimination
J. Chase finds that the trial court should not have granted a payroll company's exception of no cause of action on the employer's claim that its employee requested unauthorized non-taxable reimbursements from its account that were disbursed by the payroll company. In this case, the employer should have been allowed the opportunity to amend its petition. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: January 22, 2024, Case #: 2024-C-0016, Categories: Civil Procedure, employment, damages
J. Stabile finds that the lower court properly awarded monetary damages to two former executives of a design firm in this employment contract dispute in which they allege they were promised and then not awarded partnership equity in the company. The trial court did not abuse its discretion in drawing an adverse inference against the company’s founder. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: January 16, 2024, Case #: J-A19017-23, Categories: employment, damages, Contract
Per curiam, the circuit finds that the district court properly ordered retrial for damages only after an employee prevailed in claims contending he had been subjected to retaliatory firing by a federal contractor that provides educational and vocational training to at-risk youths. The initial damages award of $3.2 million inflated future earnings and harm from termination, and the court properly declined to offer the option of remittal since the damages award was so outsized. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 8, 2024, Case #: 23-87, Categories: damages, employment Retaliation
J. Liman partially grants the venture capital firm's motion for a new trial. While the employee proved that the employer violated the terms of the offer letter by failing to pay her a cash bonus. However, the $1.5 million award is excessive. The former employee has the choice between a new trial on damages or a reduced verdict of $450,000.
Court: USDC Southern District of New York, Judge: Liman, Filed On: December 26, 2023, Case #: 1:21cv4283, NOS: Other Contract - Contract, Categories: employment, damages, Contract
J. Scullin awards a 66-year-old deputy superintendent back pay and front pay in the form of $4,000 yearly pension fund payments until 2042 after a jury found New York’s corrections department liable on her single claim for retaliation after she was demoted. The court further awards her $58,230 in attorney fees and costs.
Court: USDC Northern District of New York, Judge: Scullin, Filed On: December 6, 2023, Case #: 1:20cv155, NOS: Employment - Civil Rights, Categories: damages, Attorney Fees, employment Retaliation
J. Bagley orders the operators of a now-defunct Queens-based Greek-style restaurant to pay two employees a total of $191,274 in unpaid regular, overtime and spread of hours wages plus liquidated damages after the court found them jointly and severally liable for state and federal labor law violations following a bench trial. The judge found the employers to be less than truthful in their testimonies when it came to details regarding the employees’ compensation and hours worked.
Court: USDC Eastern District of New York, Judge: Bagley, Filed On: November 28, 2023, Case #: 2:15cv5081, NOS: Fair Labor Standards Act - Labor, Categories: employment, damages, Labor
J. Melgren grants a biopharmaceutical company's motion for summary concerning wrongful termination and whistleblower claims brought by a former employee. The company sufficiently showed in court that the former employee was let go for odd behavior, which included threatening to quit her job, sending inappropriate emails to colleagues, and dodging staff meetings.
Court: USDC Kansas, Judge: Melgren, Filed On: November 22, 2023, Case #: 2:22cv2238, NOS: Other Labor Litigation - Labor, Categories: employment, damages, Whistleblowers
J. Matsumoto enters default judgment against the owner of a Brooklyn-based restaurant on state and federal labor law claims and awards a server and bartender a total of $46,970 in damages after finding it liable for their unpaid minimum, overtime and spread-hours wages.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: November 20, 2023, Case #: 1:22cv7064, NOS: Fair Labor Standards Act - Labor, Categories: employment, damages, Labor
J. Katsumoto enters default judgment against a construction company, finding it liable on claims for unpaid minimum, overtime, spread of hours and untimely wages payment under state and federal labor laws. The court awards the two manual laborers a total of $120,322 in damages, plus pre- and post-judgment interest, attorney fees and costs.
Court: USDC Eastern District of New York, Judge: Katsumoto, Filed On: November 17, 2023, Case #: 1:22cv6050, NOS: Fair Labor Standards Act - Labor, Categories: employment, damages, Labor
J. Fallon denies summary judgment to a maritime employer of a seaman on negligence claims the company interfered with his medical treatment and refused to investigate or acknowledge his work-related injuries, and attempted to coerce him to continue laboring despite his injuries. Multiple questions of material fact exist as to whether the seaman was trained and experienced on the task that led to his injury claim. Additionally, the employer asserts the deckhand himself was negligent and partially at fault for his injury.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 9, 2023, Case #: 2:22cv232, NOS: Marine - Contract, Categories: employment, Maritime, damages
J. Hutchison finds that the lower court partially erred in declaring that 54 firefighters were entitled to two years’ worth of compensation under a state law providing extra compensation for legal holidays. The city they sued incorrectly interpreted the law, which does create a fringe or wage benefit for firefighters that is protected by the Wage Payment and Collection Act, so the lower court needs to calculate how much they are owed over a five-year, not two-year, period. Affirmed in part. Reversed in part.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: November 8, 2023, Case #: 22-185, Categories: employment, Municipal Law, damages
J. Harjani grants an employer’s motion to compel complete discovery of the former employee’s job search and mitigation efforts for his monetary damage claims. The employee failed to produce actual evidence of his efforts and shall follow up and produce the information by Nov. 6, 2023. The employee’s cross motion to compel is granted in part as to route schedules and similar complaints of other employees. The employer must comply with this ruling by Nov. 6, 2023. An agreed confidentiality order must be proposed by Oct. 23.
Court: USDC Northern District of Illinois, Judge: Harjani, Filed On: October 16, 2023, Case #: 1:21cv6277, NOS: Employment - Civil Rights, Categories: employment, damages, Discovery
J. Wyrick rules that the plaintiff truck driver is entitled to both compensatory and punitive damages in this lawsuit alleging that the defendant trucking company violated Section 1981 "by terminating his employment contract in part because of his race," as well as a state law claim for unpaid wages. The clerk previously entered default against the defendant company, which "filed no answer or other responsive pleading." The court concludes that punitive damages are warranted under the circumstances, based on the driver's "federally protected right to be free from racial discrimination."
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: October 5, 2023, Case #: 5:22cv583, NOS: Employment - Civil Rights, Categories: employment, damages, employment Discrimination
J. Hodge grants an administrative assistant’s motion for default judgement in this case against her boss, who hired her to work out of his home office, then walked around naked and propositioned her for sex. An award of damages is appropriate based on the severity of evidence the assistant presented.
Court: USDC Eastern District of Pennsylvania, Judge: Hodge, Filed On: October 5, 2023, Case #: 2:22cv3131, NOS: Employment - Civil Rights, Categories: employment, damages, Assault
J. Adams grants ASU's motion to reduce compensatory damages after a jury found in favor of the Black female professor in a gender discrimination suit and awarded her $800,000. Because 42 U.S. Code Section 1981(3) limits damages to $300,000 for employers with over 500 employees, ASU is entitled to the relief it requests.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 26, 2023, Case #: 2:16cv593, NOS: Employment - Civil Rights, Categories: employment, damages