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ARTICLE · 16 MARCH 2016

Retaliation Claims Difficult To Defend

A recent judgment in the United States District Court in Connecticut of over Five Hundred Thousand Dollars ($502,402.05) illustrates the difficulties involved in defending retaliation claims.

United StatesEmployment and HR

A recent judgment in the United States District Court in Connecticut of over Five Hundred Thousand Dollars ($502,402.05) illustrates the difficulties involved in defending retaliation claims. Summerlin v. Almost Family, Inc., 3:12-cv-00007-WWE. The judgment included liquidated (double) damages under the FMLA, interest, costs and attorneys' fees.

BACKGROUND

Summerlin was a registered nurse. She received her nursing degree in 1977 and had over thirty years of professional nursing experience. Almost Family hired her in October of 2006 as a per diem nurse. In 2009, she accepted a full-time position with Almost Family as a registered nurse Behavioral Health Case Manager. She was responsible for, among other things, coordinating client care, completing documentation and recertifications, coordinating admissions to home care services, discharges, and transfers. She was assigned to manage clients located in Danbury, Brookfield, New Fairfield and Newtown, Connecticut.

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