Ex-Wynn Cocktail Server Secures $321K Compensation After Trial

A lawsuit filed by a former cocktail server at Wynn Las Vegas picked up speed after a five-day trial granted her more than $320,000 in compensatory and punitive damages.

Compensation Awarded in Unlawful Termination Lawsuit

The lawsuit was filed by Tiare Ramirez, who was a Wynn employee from November 2008 through November 2017. In November 2017, the woman was terminated after the operator claimed that she breached its Family and Medical Leave Act (FMLA) policies. Consequently, in 2019, Ramirez filed a lawsuit.

In her legal claim, the former Wynn Las Vegas cocktail server argued that she was wrongfully terminated over breaches of the company’s FMLA policies. In addition, Ramirez alleged that her dismissal by Wynn Resorts violated her rights under the Americans with Disabilities Act (ADA).

Now, as announced by the Las Vegas Review-Journal, following a five-day trial, Ramirez was awarded $321,200. The jury’s decision with the US District Court acknowledged that Wynn wrongfully terminated the woman over abuse of its FMLA guidelines but rejected the plaintiff’s request for violations of the ADA. In light of the decision, Ramirez was granted the sum as compensation which covers punitive and liquidated damages, emotional distress and lost wages.

Wynn Plans to Challenge the Award

The termination of the employee comes after an investigation by Wynn into the time off she received under the company’s FMLA and union agreement. Ramirez was fired on November 2, 2017, with the company explaining that she engaged in “willful misconduct, dishonesty and misuse of FMLA-ADA.”

Prior to the employee’s termination, Wynn conducted an investigation that found that the cocktail server attended a gender reveal party back on March 21, 2017, and on the same day, she used time off under the company’s FMLA policy. Ramirez provided a doctor’s note explaining that after she wore high heels she was suffering from flare-ups in her ankles.

Although the doctor recommended the employee should take time off until December, Ramirez used up all her leave under Wynn’s FMLA policy and her union’s collective bargaining agreement at some point in September 2017. As noted, a couple of months later, in November, she was fired.

Following the court’s latest decision, Wynn reportedly plans to file a motion, challenging the award. The company maintained its position that it did not breach any policies and said that it expects to substantially reduce the award to align with legal standards. “We are pleased that the court has indicated it will hold off on entering the judgment, pending the adjudication of our motion,” explained Wynn in conclusion.