Las Vegas, NV — A cocktail server at Wynn Las Vegas has been awarded $321,200 by a jury for wrongful termination claims related to company policies on medical leave. The U.S. District Court concluded a five-day trial scrutinizing Tiare Ramirez’s dismissal in 2017, determining that her employer had unjustly interfered with her rights under the Family and Medical Leave Act (FMLA).
Tiare Ramirez, who helped launch the high-profile establishment’s cocktail services in November 2008, faced termination nine years later in November 2017. Her dismissal sparked a legal battle when she alleged that Wynn interfered with her FMLA rights. While she was successful in proving this claim, the jury did not uphold her allegation regarding infringement of the Americans with Disabilities Act (ADA) rights.
The financial award encompasses compensation for lost wages along with damages for emotional distress and punitive considerations. In February 2019, Ramirez brought the case against her former employer, culminating in a trial that finished on October 25th.
Wynn Resorts, however, plans to challenge the verdict. The company issued a statement on a recent Friday afternoon, expressing an intention to file a motion against the awarded amount. The statement highlighted the company’s expectation that the compensation would be substantially reduced to align with the legal standards, appreciating the court’s decision to delay the judgment entry while the motion is considered.
Details that emerged during the trial revealed some controversial aspects that likely impacted Ramirez’s employment status. Notably, on March 21, 2017, Ramirez attended a gender reveal party with colleagues at a local venue prior to her scheduled shift at Wynn Las Vegas. Although she called off work citing the need for FMLA leave due to health issues, photographs from the event showing her in high heels surfaced on social media.
Consequently, an inquiry into Ramirez’s use of FMLA started the following day. During the investigation, delayed multiple times, Ramirez submitted a doctor’s note stating a need for extended leave until December 2017, citing exacerbations of ankle pain from wearing high heels, a requisite part of her cocktail server uniform at Wynn.
Despite being allowed FMLA leave and additional time-off through her union’s collective bargaining agreement, Wynn dismissed Ramirez in November 2017, citing “willful misconduct, dishonesty and misuse of FMLA-ADA” as the reasons. The jury, presided over by U.S. District Court Judge Andrew Gordon, endorsed her FMLA interference claim, dismissing allegations of ADA discrimination.
This case highlights the complexities involved in employer-employee relations regarding health-based leave and discrimination laws, pointing to a potentially systemic issue within certain employment practices and policies.
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