Real Story of Discriminatory Firing

Patti was diagnosed with chronic sinusitis, entitling her to intermittent leave from her job through the Family Medical Leave Act "FMLA" (for more information about determining eligibility under the FMLA, please see the "Family Medical Leave Act" under the "Federal Laws" section.) Her employer, Time Warner, was aware of the condition. A few months later Patti informed her employer that she was pregnant and requested that they reduce her workload. Her employer began to discriminate against her after she took her FMLA leave, so Patti filed a claim. After receiving a letter from Patti's attorney describing the charges, Time Warner fired Patti for an allegedly "poor job performance." Time Warner had given Patti neither warning nor notice of disciplinary proceedings until the day she was fired. That day, she had come to work, was called to a meeting, and was fired on the spot.

Patti brought action against her employer for wrongful discharge in violation of public policy, discrimination and retaliation under the FMLA, pregnancy discrimination, and retaliation under state and federal law. The jury found that there was discrimination and awarded Patti $80,000 in back pay, $80,000 in liquidated damages under FMLA, $32,500 in compensatory damages, and $225,000 in punitive damages.

Hollingsworth v. Time Warner Cable (2006), 168 Ohio App.3d 658, 861 N.E.2d 580, 2006 -Ohio- 4903.