Dollar v. Smithway Motor Xpress, et al, No. 11-2093 (8th Cir. 2013)
Annotate this CasePlaintiff sued her former employer alleging violations of the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq. The district court found in favor of plaintiff and awarded back pay, front pay, and liquidated damages. The court rejected defendant's challenges to the district court's finding of liability. Even if defendants did not waive the affirmative defense of failure to mitigate damages, the court agreed with the district court's alternative holding that plaintiff's efforts to secure other employment were reasonable. The court vacated the award of front pay as overly speculative but affirmed the district court's judgment in all other respects.
Court Description: Civil case - Family and Medical Leave Act. The district court's finding that plaintiff had transferred to another position before her termination was supported by record and was not clearly erroneous; district court did not err in finding defendant had waived the affirmative defense of failure to mitigate damages; assuming the issue was not waived, the district court's alternative finding that plaintiff's efforts to secure other employment were reasonable was supported by the record; under the circumstances of the case, the district court erred in awarding plaintiff front pay as the determination was unusually and overly speculative. [ March 26, 2013
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