Jury Verdict Affirmed Awarding Lost Wages for Days Employee Unable to Work Due to Emotional Distress from Employer?s FMLA Violations

A jury held that Frank Farrell?s employer wrongly denied his requests for leave under the FMLA resulting in emotional stress or other mental problems that caused him to miss work entitling him to $1,110 in lost wages.? ?The employer appealed challenging only the award of consequential? damages? or? lost? wages? resulting from emotional distress suffered as a result of FMLA violations.? ?Section 2617 of the FMLA provides that an employer found to have violated Section 2615 is liable for ?any wages, salary, employment? ?benefits,?? or?? other?? compensation denied or lost to such employee by reason of the violation; or (II) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks?of wages or salary for the employee?.??? The Ninth Circuit affirmed, holding that the jury awarded wages lost ?by reason of [the employer?s violation],? not emotional damages. ?Farrell v. Tri- County Metropolitan Transp. Dist. of Oregon, 530