Former Wynn employee secures reduced compensation amidst continuous legal fight over Family and Medical Leave Act (FMLA) disputes
In a recent development, former Wynn Las Vegas employee Tiare Ramirez has agreed to accept a significantly reduced damages award of $27,200.75, following a federal judge's ruling that the original jury award of over $321,000 was excessive and not supported by the trial evidence.
Ramirez, who worked at Wynn Las Vegas from 2008 to 2017, had initially been awarded the sum in 2024 after a jury found that the casino had violated her rights under the Family and Medical Leave Act (FMLA) during her termination in 2017. However, US District Judge Andrew Gordon questioned the jury's damage award, leading to the reduced settlement.
The judge offered Ramirez the option to accept the remittitur payment to avoid a new trial on damages, which she agreed to, while reserving the right to appeal. The court's decision affirmed the jury's finding that Wynn Las Vegas indeed violated Ramirez's FMLA rights, but her claims under the Americans with Disabilities Act were denied.
The case stems from Ramirez's request for FMLA leave in March 2017, which was followed by an internal investigation after social media evidence showed her attending a gender reveal party and allegedly misrepresenting her medical restrictions. Wynn fired her in November 2017, citing willful misconduct and dishonesty related to FMLA use.
Ramirez's lawyer, Christian Gabroy, stated that his client took the smaller amount to avoid a new trial about damages. Wynn's requests to penalize Ramirez's lawyers and for a new trial on FMLA claims were denied.
This case underscores the complexities of wrongful termination and FMLA violation litigation, particularly concerning damages calculations. The evidence from the five-day trial could not back up the jury's math for lost wages, emotional distress, and punitive damages.
The legal battle between Ramirez and Wynn Las Vegas has been ongoing for years, with Ramirez filing the lawsuit in 2019, almost two years after she lost her job. The judge also granted prejudgment interest of $6,722.91 along with the lowered damages.
Wynn Resorts has remained silent on the verdict. Ramirez, a former cocktail server at Wynn Las Vegas, will receive $27,200.75 instead of the $321,200 awarded by the jury last year. Ramirez still has the option to appeal the reduced damages.
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Tiare Ramirez's legal battle over her personal-finance concerns, emanating from the alleged violation of her FMLA rights, has led to a reduction in her award from $321,200 to $27,200.75. This adjustment was made following a federal judge's ruling that the original award was excessive and not supported by the trial evidence. Her business-related lawsuit, filed against Wynn Las Vegas in 2019, has lasted for several years.
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