Las Vegas, Nevada — A former cocktail server at Wynn Las Vegas has consented to a significantly lowered payment from a jury award after a ruling found her Family and Medical Leave Act (FMLA) rights had been violated. U.S. District Court Judge Andrew Gordon determined that Tiare Ramirez could either accept a remittitur payment totaling $27,200.75, reduced from a jury’s original award of $321,200, or proceed with a new trial.
Judge Gordon’s ruling, which came on July 29, followed a five-day trial that concluded in October 2024. He found that the initial jury award was excessive, granting Wynn Resorts’ request for a new trial concerning the monetary damages. Ultimately, Ramirez opted for the reduced payment instead of a retrial.
Christian Gabroy, Ramirez’s attorney, expressed satisfaction with the outcome despite the reduction. “We are pleased that she was recognized as the prevailing party after eight long years since her wrongful termination. The jury affirmed that her FMLA rights were violated,” Gabroy said via email. He noted that Ramirez has retained the right to appeal the ruling.
Wynn Resorts, the parent company of the casino, did not provide any comments regarding the case or the ruling. The jury’s original damages included compensation for lost wages and emotional distress, among other factors. However, Judge Gordon stated that such an award lacked proper justification.
Ramirez had first filed her lawsuit against Wynn in 2019. During the trial, evidence revealed that she attended a gender reveal party on March 21, 2017, with colleagues before her scheduled shift. She subsequently called in to request leave under the FMLA, citing health issues.
Following that request, Wynn began an investigation into Ramirez’s use of FMLA leave on March 22. This investigation faced multiple delays, during which Ramirez provided medical documentation indicating her need for extended leave due to health complications from wearing high heels — a requirement for her position.
By September 2017, she had depleted her FMLA leave and time granted under a collective bargaining agreement. Despite this, on November 2, 2017, Wynn terminated her, citing “willful misconduct” related to the misuse of FMLA and ADA regulations. However, the jury ruled against Wynn’s additional claims that it violated Ramirez’s rights under the Americans with Disabilities Act.
In his ruling, Judge Gordon awarded Ramirez a total of $20,477.84 in damages, along with prejudgment interest of $6,722.91. He rejected Wynn’s motion to impose sanctions on Ramirez’s attorney and also denied her requests for a new trial relating to the FMLA claim and for equitable relief.
This case marks a significant legal confrontation between a former employee and one of Las Vegas’ prominent casino operators. As of now, Ramirez has received the reduced payment, but her representative maintains that the battle for justice continues.
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