Sixth Circuit Affirms Verdict for Successful FMLA Plaintiff

Last week, the Sixth Circuit affirmed a jury verdict for a successful FMLA plaintiff in the amount of $31,000 for compensatory damages as well as liquidated damages in an equal amount, court costs, pre and post-judgment interest and attorneys’ fees in the amount of $77,233 (i.e., more than the amount of the plaintiff’s recovery).  Clements v. Prudential Protective Services LLC, No. 15-1603 (6^th Cir. 8-3-16).  As earlier reported here, the plaintiff former security guard had been laid off following her 2009 maternity leave and ultimately filed suit under the FMLA.  The Court rejected the employer’s arguments about unfair rulings at trial.  It also refused to reduce the attorneys’ fees by more than the 10% already reduced by the trial court to address the plaintiff’s unsuccessful claims.   Finally, it also rejected the argument that the plaintiff’s 30% contingency fee agreement prevented the attorneys from recovering fees as a prevailing party.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can be changed or amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.FM