Wynn Las Vegas Files Motion Against Cocktail Server’s Compensation

Wynn Las Vegas is reportedly looking into reducing the compensation a court jury awarded a former cocktail server who alleged her rights under the Family and Medical Leave Act (FMLA) were breached.

Legal Battle over $321K Compensation Continues

Late last month, a jury decision with a US District Court jury ruled in favor of compensation of $321,200 for punitive and liquidated damages, lost wages and emotional distress to Tiare Ramirez, a former Wynn Las Vegas cocktail server.

The woman was employed at the leading hospitality and gaming company between November 2008 and November 2017 when she was terminated. At the time, Wynn Las Vegas claimed that Ramirez violated its FMLA policies. The response of the former cocktail server was a lawsuit filed in 2019, alleging violations of her FMLA rights and rights under the Americans with Disabilities Act (ADA).

While last month, the employee’s trial reached a conclusion, Wynn Las Vegas now filed a new claim. As announced by the Las Vegas Review-Journal, the recognizable hospitality and gaming operator named defendants the attorneys representing Ramirez in the trial. Reportedly, the operator filed a motion with the US District Court in Nevada on Tuesday, asking the court to sanction the attorneys who represented the plaintiff in the lawsuit, Christian Gabroy and Kaine Messer.

Wynn Tries to Reduce the Penalty by More than $300K

In its position, Wynn Las Vegas alleged that the attorneys did not reveal how exactly the awarded lost benefits were calculated. This unexpected turn of events saw the company claim that the misrepresentation of the plaintiffs by the attorneys misled the jury.

“After five days of trial and a slew of misrepresentations by plaintiff’s counsel, it is clear that the jury got both the math and the law wrong here,“

reads the motion filed by Wynn Las Vegas

In its motion, the company wrote: “The jury miscalculated the damages that the plaintiff is entitled to under the FMLA and grossly exceeded the bounds of what she is actually entitled to in calculating its award.” Moreover, Wynn Las Vegas added: “This amounts to clear error and entering such an award without granting a remittitur would be a manifest injustice.”

Ultimately, the motion seeks to reduce the cocktail server’s compensation by more than $300,000. To be precise, Wynn anticipates a reduction of the penalty from $321,000 to a mere $10,927.77. Still, whether or not the motion will be reviewed or dismissed, remains to be seen.