Melissa Brown was terminated after informing her employer, Nutrition Management Services Co. (“NMS”), that she was pregnant. At the time, Brown had been employed by NMS for less than 3 months. However, she had served in the same position for the prior owner of the facility for over 18 months. NMS’s Director of Human Resources, who was also an attorney, failed to properly evaluate whether Brown would be eligible for leave under the Family and Medical Leave Act (“FMLA”). As a result, Brown was denied FMLA leave.
A jury determined that Brown was eligible for the FMLA and that NMS violated the FMLA by denying her covered leave. The jury awarded Brown $74,000 in backpay damages. Brown was also awarded $6,655.82 in prejudgment interest.
However, what was interesting was the Court’s award of liquidated damages. The FMLA provides for liquidated damages when an employer cannot demonstrate that its actions were taken in good faith and based on a reasonable belief that it was not violating the law. The United States District Court for the Eastern District of Pennsylvania awarded Brown $80,655.82 in liquidated damages – doubling the underlying award. In so doing, the Court specifically criticized the failures of NMS’s Human Resources Director to make appropriate inquiries regarding Brown’s FMLA eligibility.
This case underscores the importance of seeking advice to ensure compliance with the subtle complexities of the FMLA.