Ramirez V. Wynn Las Vegas, Llc

Case Background

On July 08, 2019, Tiare Ramirez filed a wrongful termination lawsuit against the Wynn Las Vegas alleging interference with the Family and Medical Leave Act (FMLA). The lawsuit was filed in the United States District Court, Nevada (Las Vegas). Judge Andrew P. Gordon presided over this lawsuit. [Case number: 2:19cv1174]

Cause

Tiare Ramirez was one of the founding cocktail waitresses at Wynn Las Vegas. She worked there for about ten years. Her job required wearing high heels, which over time caused a painful ankle condition. During flare-ups, she took intermittent leave under the Family and Medical Leave Act (FMLA).

On March 21, 2019, Ramirez, a single mother, took intermittent FMLA leave due to a flare-up. That same day, company executives learned she had attended a gender reveal party at Town Square Las Vegas. Photos showed her wearing high heels at the event. When her supervisor saw the pictures and realized she had missed her shift that night, the company suspected FMLA abuse. The casino hotel launched an investigation and subsequently fired her.

Damages

Ramirez sought compensation for FMLA interference and alleged disability discrimination at her workplace.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Tiare Ramirez
    • Counsel for Plaintiff(s): Christian J. Gabroy | Kaine M. Messer
  • Defendant(s): Wynn Las Vegas
    • Counsel for Defendant(s): Patrick H. Hicks | Wendy M. Krincek | Kelsey F. Stegall

Claims

Ramirez sued the Wynn, claiming the company interfered with her FMLA rights. She argued that she experienced a flare-up on the same day she was fired. According to her, the flare-up occurred after she attended the afternoon party. Therefore, she asserted that taking FMLA leave that evening was justified.

Defense

The Wynn responded that it had a reasonable belief Ramirez misused her FMLA leave.

Jury Verdict

On October 25, 2024, a Las Vegas jury ruled in favor of Ramirez, finding she proved FMLA interference. However, the jury dismissed her disability discrimination claim, which involved her request to wear lower heels. She was awarded $321,000 in compensatory damages for the interference. A consistent judgment was later entered.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com