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Eighth Circuit Revises Liquidated Damages Claim Where Jury Had Found Intentional Retaliation for FMLA Leave
Wolters Kluwer Law & Business Link to more items from this source
May 15, 2014
"Affirming in part a judgment entered in favor of a city employee on his FMLA retaliation claim, the Eighth Circuit found the jury's verdict supported by evidence ... The appeals court further found that the trial court erred in denying liquidated damages to the employee, explaining that the jury's finding that the employer acted in good faith was only 'advisory,' that the jury's rejection of the proffered reasons for not rehiring the employee was binding, and that a finding of intentional retaliation sets a very high bar for showing good faith." [Jackson v. City of Hot Springs, Nos. 13-1772/13-1875 (8th Cir. May 12, 2014)]

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