Employee Nabs Double Damages for FMLA Bad Faith
An American Standard employee was awarded over $200,000 in back pay, attorney’s fees, and costs for the company’s failure to adequately notify him of its method for calculating his Family and Medical Leave Act (FMLA) leave. On appeal, the Sixth Circuit held that employers should inform their employees in writing of the method, either “rolling” or “calendar”, they intend to use to calculate the FMLA leave year. Since the employer never stated the method of calculation before terminating the employee, its defense of the more favorable method of calculation was deemed pretextual. Thus, the court ordered remand for calculation of liquidated damages in the amount of double the compensatory damages.
Thom v. American Standard, Inc., Case No. 07-00294 (6th Cir. (OH) January 20, 2012).