Gary Community School Corporation v. Tom Powell

Summary

The Indiana Supreme Court held that an employee holding multiple positions with the same employer may satisfy the Family and Medical Leave Act’s 1,250-hour eligibility requirement by aggregating service in all positions. The court also upheld the finding that Gary Community School Corporation retaliated against Tom Powell for opposing an alleged FMLA violation. It affirmed the damages awards in part but held that front pay must be discounted to present value using Indiana’s eight-percent statutory rate.

Holdings

1. An employee filling multiple positions with the same employer is eligible for FMLA leave as to all positions if the employee completed at least 1,250 total hours of service for that employer during the preceding twelve months, even if the employee worked fewer than 1,250 hours in any single position.
2. Sufficient evidence supported the jury's finding that Gary Community School Corporation retaliated against Powell for protected FMLA activity, including opposing the alleged failure to reinstate him by complaining to a newspaper.
3. The challenge to the verdict form was waived because Gary Community School Corporation failed to object to the form at trial.
4. Front pay may be awarded as equitable relief in addition to back pay, prejudgment interest, and liquidated damages, but a front-pay award for future lost wages must be discounted to present value.
5. The trial court did not commit reversible error by failing to make findings and conclusions concerning attorney fees, reducing the requested fee award, or admitting an opposing affidavit submitted on the morning of the fee hearing after permitting Powell to respond.

Questions Presented

1. Whether an employee holding multiple positions with the same employer satisfies the FMLA's 1,250-hour eligibility requirement by aggregating hours worked in all positions.
2. Whether sufficient evidence supported the jury's finding that Gary Community School Corporation retaliated against Powell for taking FMLA leave and opposing an alleged FMLA violation.
3. Whether Powell waived an objection to the verdict form by failing to object at trial.
4. Whether the trial court properly awarded front pay in addition to back pay, prejudgment interest, and liquidated damages.
5. Whether the front-pay award had to be discounted to present value.
6. Whether the trial court abused its discretion in awarding attorney fees without findings of fact and conclusions of law, reducing the requested fees, or admitting a late-filed opposing affidavit.

Disposition

reversed_and_remanded