Williams v. Rubicon2/15/2002
Kline, J. agrees and assigns additional reasons
In this case, plaintiff pursued a claim against his former employer for wrongful termination under the Family and Medical Leave Act ("FMLA"). The trial court rendered judgment in favor of plaintiff, awarding damages and attorney fees in the amount of $861,726.70, plus judicial interest. This appeal by the employer followed. For the reasons set forth below, we amend, and as amended, affirm.
FACTS AND PROCEDURAL HISTORY
Plaintiff, Joseph E. Williams, began working for Rubicon, Inc. as a lab technician in February 1979, where he remained employed until his termination in January 1995. Thereafter, Mr. Williams filed suit against Rubicon and Len Sanford, Director of Industrial Relations, (collectively referred to as "Rubicon") alleging wrongful termination under the FMLA. The matter was tried in January of 1998, at which time the trial court found in favor of Rubicon, dismissing Mr. Williams' claims with prejudice. The court concluded that Mr. Williams had failed to prove by a preponderance of the evidence that Rubicon violated the FMLA or any other anti-discriminatory law when it terminated Mr. Williams. An appeal by Mr. Williams followed.
In Williams v. Rubicon, 98-1743, p. 11 (La. App. 1 Cir. 9/24/99), 754 So.2d 1081, 1087, writ denied, 99-3059 (La. 1/7/00), 752 So.2d 864, this court reversed the trial court's judgment, finding that Rubicon "clearly failed to honor the statutory entitlements that Mr. Williams was afforded by the [FMLA]." We remanded the case to the trial court for a determination of damages in accordance with the pertinent provisions of the FMLA. On remand, the parties agreed to submit the matter on briefs concerning damages. After considering all pleadings and memoranda filed by the parties, the trial court found that Mr. Williams was entitled to $127,417.00 in back pay, a like amount in liquidated damages, and $525,529.00 in front pay, for a total of $780,363.00. Further, the trial court awarded Mr. Williams $81,363.70 in attorney fees. With regard to legal interest, the court awarded legal interest on the damage award from the date the FMLA claim was initiated, November 22, 1996, and legal interest on the attorney fees award from the date of the award, May 23, 2000. A judgment in accordance with these findings was signed by the trial court on June 7, 2000.
Mr. Williams subsequently filed a motion for new trial, arguing that legal interest on his damage award should have run from the date his suit was originally filed, July 21, 1995. The trial court denied the motion. Thereafter, Rubicon appealed, assigning the following specifications of error:
1. The Trial Court erred in finding that Plaintiff properly mitigated his damages.
2. The Trial Court abused its discretion by awarding Plaintiff $127,417 in back pay.
3. The Trial Court erred in relying on the expert report of Dr. James Richardson in determining Plaintiff's economic damages.
4. The Trial Court abused its discretion in awarding Plaintiff liquidated damages under the Family Medical Leave Act[.]
5. The Trial Court abused its discretion in awarding Plaintiff over 20 years of front pay.
6. The Trial Court erred in awarding Plaintiff legal interest on the front pay portion of its damage award.
Mr. Williams answered the appeal, assigning error to the trial court's refusal to award legal interest from the date the suit was initially filed and the trial court's failure to award damages for mental anguish, embarrassment, and humiliation.
ANALYSIS
The purpose of the FMLA is to entitle employees to take a rea
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