A federal judge has awarded liquidated damages, effectively doubling a jury's verdict in a Family and Medical Leave Act case after finding that an in-house lawyer's failure to research whether a pregnant worker was covered by the FMLA was evidence of the company's lack of good faith. The company lawyer testified at trial that he had determined it was "OK" to terminate the worker because she was a "brand new employee." The judge said the lawyer's "cursory determination" on the issue was "inadequate."
Judge: In-House Attorney's Failure to Research FMLA Shows Lack of Good Faith
The Legal Intelligencer
January 30, 2009