Lamonaca v. Tread Corp.
157 F. Supp. 3d 507
W.D. Va.2016Background
- LaMonaca was HR director at Tread; in April 2014 she experienced acute stress/anxiety after workplace and personal pressures and discussed resignation with CEO Barry Russell.
- On April 12–14 she notified the company she was suffering psychological distress, requested FMLA forms, scheduled a Monday doctor appointment, and on April 14 Dr. Nina Sweeney diagnosed an adjustment disorder with anxious features and prescribed a 30‑day leave.
- Russell sent messages asserting LaMonaca had effectively resigned on April 11; LaMonaca denied resigning and requested medical leave; Russell directed her to stay off company property and later emailed that her employment had ended April 11.
- LaMonaca sued under the FMLA for interference and retaliation; a jury returned verdicts for LaMonaca on both claims and the parties stipulated to back pay of $54,468.89.
- Post‑verdict issues submitted to the court: defendant’s renewed JMOL / new trial motion; plaintiff’s motions for liquidated damages and attorneys’ fees and costs.
- The court denied JMOL/new trial, awarded liquidated damages equal to the back pay ($54,468.89), and awarded reduced attorneys’ fees and costs for a total of $209,759.69 (fees: $199,571.00; costs: $10,188.69).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interference: entitlement to FMLA leave | LaMonaca argued she remained employed when she requested leave, gave adequate notice of a medical condition, and was diagnosed as unable to work | Tread argued she had resigned before requesting leave, gave insufficient notice, and did not have a serious health condition preventing work | Jury verdict for LaMonaca upheld; court denies JMOL: sufficient evidence she was employed, gave notice, had serious condition and employer interfered |
| Retaliation: termination because of FMLA activity | LaMonaca argued she engaged in protected activity (requested FMLA) and was terminated in retaliation | Tread argued she had resigned; thus no protected activity or adverse action | Jury verdict for LaMonaca upheld; court denies JMOL/new trial: reasonable evidence of causal connection |
| Liquidated damages under FMLA | LaMonaca sought doubling of back pay per statute | Tread argued good‑faith belief that she had resigned and thus liquidated damages inappropriate | Court grants liquidated damages: strong presumption in favor of doubling; jury found intentional retaliation, employer didn’t meet burden to show good faith |
| Attorneys’ fees and costs: amount/recoverability | LaMonaca sought ~$259k in fees and $11,352.76 in costs | Tread challenged hourly rates, excessive/vague/block billing, clerical tasks billed, and several costs (consultation, unused witnesses) | Court applied lodestar, reduced rates to $325/hr (Beers) and $175/hr (Kozlowski), reduced hours (15% for Beers and 20% for Kozlowski for May 1, 2014–July 12, 2015) and disallowed certain tasks/costs; awarded $199,571.00 in fees and $10,188.69 in costs |
Key Cases Cited
- Adams v. Anne Arundel Cnty. Pub. Sch., 789 F.3d 422 (4th Cir. 2015) (elements of FMLA interference claim)
- Stekloff v. St. John’s Mercy Health Sys., 218 F.3d 858 (8th Cir. 2000) (FMLA eligibility and pre‑diagnosis notice)
- Clinkscale v. St. Therese of New Hope, 701 F.3d 825 (8th Cir. 2012) (employer cannot avoid FMLA liability by firing employee before paperwork)
- Dotson v. Pfizer, Inc., 558 F.3d 284 (4th Cir. 2009) (liquidated damages under FMLA normally awarded; employer bears substantial burden to show good faith)
- McAfee v. Boczar, 738 F.3d 81 (4th Cir. 2013) (lodestar method and documentation standards for fee awards)
- Jackson v. City of Hot Springs, 751 F.3d 855 (8th Cir. 2014) (strong presumption favoring liquidated damages; single damages are exception)