Posted by Bob Edens & filed under .

Two hands of businessmen passing a stack of dollarsThe City of Chicago terminated Plaintiff 3 days before her FMLA medical leave was to begin.  Plaintiff was a deputy commissioner for the Department of Consumer Services and had worked for the department for 10 years.  Plaintiff contended that she was terminated for requesting a 2nd FMLA leave.  The first had been for gastric bypass surgery.  Plaintiff had lost over 150 pounds and was scheduled to have surgery to remove the excess skin.  The City contended that it fired the Plaintiff for  performance problems and argued that excess skin did not create an actual serious medical condition.  The jury found in favor of the Plaintiff on her retaliation claim but in favor of the City on the claim for violating the FMLA law.

Verdict:  $75,000 compensatory damages awarded by jury.  On July 27, 2011, Judge Leinenweber awarded an additional $14,476 in prejudgment interest, $89,476 in liquidated damages, for a total judgment of $178,952, plus post judgment interest and $237,097 in attorneys’ fees and costs.


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