United States First Circuit

In an employee's suit against Walgreens for wrongful termination following a two-week absence from his job due to a medical condition, district court's judgment is affirmed where: 1) Walgreens was not entitled to judgment as a matter of law as there was sufficient evidence to permit the jury to conclude that Walgreens' explanations of its reasons for firing plaintiff were pretextual; 2) it did not err in its calculation of the amount of backpay due to plaintiff; and 3) it did not commit clear error in denying plaintiff's request for liquidated damages under the FMLA. With regard to the district court's rejection of the plaintiff's spouse's claim under Puerto Rico's Article 1802 for emotional distress, an issue is certified to the Puerto Rico Supreme Court for clarification.

Appellate Information

• Decided 09/04/2012
• Published 09/04/2012

Judges

• Lipez

Court

• United States First Circuit

Counsel