Date: 03-07-2008

Case Style: Peter Lee v. OneSource Information Services, Inc.

Case Number: 3:04-cv-02143-AWT

Judge: Alvin W. Thompson

Court: United States District Court for the District of Connecticut, Hartford County

Plaintiff's Attorney: Peter J. Bartinik, Jr., Bartinik Law Firm, Groton, Connecticut

Defendant's Attorney: Mark C. Laughlin and Roger L. Shiffermiller, Fraser, Stryker, Vaughn, Meusey, Olson, Boyer, & Bloch, P.C., Omaha, Nebraska and Meredith G. Diette and Peter A. Janus, Siegel, O'Connor, O'Donnell & Beck, New London, Connecticut

Description: Plaintiff claimed denial of rights claim under the FMLA, a retaliation claim under the FMLA, retaliation for a future filing of a worker's compensation claim, and a breach of an implied contract. Defendant's Rule 50 motion was granted on the retaliation for a future filing of a worker's compensation claim because as of the date of firing the plaintiff has not yet actually filed the worker's compensation claim, and did not otherwise exercise any of his rights under the workers compensation act. As to the breach of an implied contract claim, the plaintiff's theory was that he was on a performance improvement plan, and as of the time of firing he was fulfilling all of the conditions of the performance improvement plan. The plaintiff claimed that the terms of the performance improvement plan constituted an implied contract that if the plaintiff fulfilled the terms of the plan he would not be fired.

OneSource claimed that Lee was terminated because his sales quotas were below what was expected. Defendant also claimed Lee had worked out of its New York office, which had fewer than 50 employees. Employers of 50 or more people are required, under the Family Medical Leave Act of 1993, to allow employees 12 weeks of unpaid leave if they or certain family members are ill.

Outcome: Plaintiff's verdict for $399,000.00. The jury found for the plaintiff on all issues including denial of rights under FMLA, FMLA retaliation, and breach of implied contract. The plaintiff will file post trial motions for pre-judgment interest under FMLA, liquidated damages under FMLA, and attorneys fees under the FMLA. Under the FMLA compensatory damages plus interest are typically doubled. Therefore, the total award is likely to be over 1 million.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None