845 F.3d 821
7th Cir.2017Background
- Wink worked for Miller Compressing in order-processing since 1999 and had intermittent FMLA leave approved (July 2011–July 2012) to care for her autistic child.
- In Feb 2012 Wink sought to work from home two days per week to care for her child after he was expelled from day care; HR agreed to a hybrid arrangement tracking hours and FMLA leave hours.
- In summer 2012 Miller changed policy requiring all employees on-site 5 days/week for financial reasons; in July HR told Wink she had to return to full on-site work the following Monday.
- When Wink explained she could not secure day care and left to care for her child, HR told her FMLA covered only appointments/therapy and treated her absence as a voluntary quit, processed termination effective the prior Friday.
- A jury found for Wink on FMLA retaliation, breach of contract (no three weeks’ notice/wages), and Wisconsin wage statute §109.03, but found for Miller on FMLA interference; Miller appealed the denial of JMOL on the interference claim; Wink cross-appealed the reduction of attorneys’ fees by 20%.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMLA retaliation: whether Miller retaliated against Wink for asserting FMLA leave | Wink: Miller fired/forced her to quit in retaliation for requesting leave to care for her child at home | Miller: termination was lawful business decision; not retaliatory | Held: Jury reasonably found retaliation; affirmed |
| FMLA interference: whether Miller unlawfully interfered with Wink's FMLA rights | Wink: HR mischaracterized FMLA, prevented her taking leave, and processed termination to frustrate rights | Miller: no interference; action justified by business needs | Held: Jury found for Miller; district court denial of JMOL affirmed |
| Contract/Wis. Stat. §109.03 wages: whether termination breached employment contract and wage statute | Wink: termination without cause breached contract and triggered 3 weeks' wages; statute violated | Miller: implied contestable reasons for termination (financial policy change) | Held: Jury found breach and wage violation; affirmed |
| Attorneys' fees: whether district court properly reduced fee award by 20% because Wink lost the interference claim | Wink: claims were similar; marginal cost of asserting interference claim was slight; full fee justified | Miller: plaintiff not fully prevailing; reduction appropriate | Held: 20% reduction vacated; full attorneys' fees awarded on remand |
Key Cases Cited
- Taylor-Novotny v. Health Alliance Medical Plans, Inc., 772 F.3d 478 (7th Cir. 2014) (FMLA does not cover working from home per se)
- Shea v. Galaxie Lumber & Construction Company, Ltd., 152 F.3d 729 (7th Cir. 1998) (liquidated damages under FMLA may double actual damages absent employer good faith)
- Avitia v. Metropolitan Club of Chicago, Inc., 49 F.3d 1219 (7th Cir. 1995) (award of liquidated damages in FMLA actions can double damages when employer acted not in good faith)