Evidence Of Retaliatory Motive Was Not Overwhelming But Was Sufficient To Affirm A Jury Award For FMLA Retaliation And Interference
RYL-KUCHAR v. CARE CENTERS, INC.(May 11, 2009)
Kathleen Ryl-Kuchar began working as a dishwasher at Care Centers, Inc. (“CCI”) at the age of 15. Seventeen years later, she held the salaried position of dietary consultant. Ryl-Kuchar became pregnant with triplets in 2002. She continued working on site until May of 2003, at which time she began working from home. She performed her normal duties with the blessing of CCI management, although her total hours dropped below 35 hours a week. With the help of her family, Ryl-Kuchar returned to work full-time shortly after she gave birth. Her return was short-lived, however. She soon commenced FMLA leave and never returned, deciding instead to resign. In mid-November, CCI’s employee benefits arm determined that Ryl-Kuchar had become a part-time employee in June and had therefore lost her eligibility for medical benefits. It retroactively canceled her health insurance effective the month before she delivered the triplets. Ryl-Kuchar brought an action under the FMLA, arguing that CCI interfered with her right to health insurance and retaliated against her for her decision to take FMLA leave. The jury awarded her damages. CCI appeals from the district court's denial of its motion for judgment notwithstanding the verdict.
In their opinion, Judges Flaum, Evans and Williams affirmed. The Court noted the heavy burden necessary to overturn a jury verdict. It reviewed the evidence – CCI’s inconsistent positions, the timing of its decision, and its concern about rising health care costs -- and found it sufficient to support the jury’s conclusion that Ryl-Kuchar met her burden of proof on both the retaliation and interference claims. The Court remanded for calculation of a fee award.
