Las Vegas, Nevada — A former cocktail server at Wynn Las Vegas has settled her lawsuit regarding violations of the Family and Medical Leave Act (FMLA) for a significantly lower amount following a federal judge’s decision. This comes after a jury awarded her a substantial sum last year, which the judge later deemed excessively high.
Tiare Ramirez, who worked at the resort from 2008 until her termination in 2017, will now receive $27,200.75, a stark contrast to the $321,200 initially granted by the jury. U.S. District Judge Andrew Gordon reviewed the evidence presented during the five-day trial and determined that it did not adequately justify the jury’s calculations related to lost wages and emotional distress.
Ramirez’s attorney, Christian Gabroy, noted that his client opted for the reduced settlement to avoid the uncertainties of a new trial focused on damage assessments. Despite this choice, he affirmed that the court upheld the jury’s conclusion that Wynn had violated her rights under the FMLA.
The conflict began in March 2017 when Ramirez requested FMLA leave due to personal health issues. However, her subsequent appearance in social media photos at a gender reveal party, wearing high heels, prompted Wynn to launch an internal investigation, particularly because she had submitted a doctor’s note regarding ankle problems. Ultimately, after exhausting her FMLA leave and additional union-negotiated leave, she was terminated in November 2017 for what the company described as “willful misconduct” and dishonesty.
Although the jury found in favor of Ramirez regarding her FMLA claims, it rejected her allegations under the Americans with Disabilities Act (ADA). The judge noted that the evidence was insufficient to support the jury’s initial damage award, which was meant to compensate Ramirez for both financial loss and emotional suffering. Along with the reduced settlement, Judge Gordon added prejudgment interest of $6,722.91 but denied requests from Wynn to sanction Ramirez’s attorneys and declined her petition for further compensation.
Wynn Resorts has not made any public comments about the recent developments in the case. Ramirez initiated her lawsuit in 2019, nearly two years following her dismissal, and her attorney characterized the outcome as a key victory, signaling the unlawful nature of her termination. The case underscores the challenges employees may face when navigating medical leave policies and the scrutiny they often endure during this process.
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