Employer pays Plaintiff $90,000 after firing her while on FMLA

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In the media:

Facts of the case:

Plaintiff Kerry Howard was a good and loyal employee of Defendant Employer for a number of years. When she was diagnosed with a cancerous kidney, she elected to use time off under the Family Medical Leave Act. Before leaving for this surgery, Plaintiff had on several occasions refused to put false information on mortgage loans which displeased her boss, Defendant Dean Kossaras. It was clear when she left for her leave that Defendant Kossaras was not happy with her.

While she was recovering from a surgery to remove her cancerous kidney, Defendant Boss, Dean Kossaras, made the decision to terminate her employment before Kerry was able to return to work. According to eye witnesses who recorded many of his vulgar rants against women, Defendant Kossaras exact words were, “The minute that bitch walks back through the door, I'm firing her!”

Defendants were caught in multiple cover-up lies, including offering Plaintiff a job at a different office location, and Dean Kossaras never uttering the above statement about Plaintiff (even though it was recorded by an Affiant/deponent in this case). Additionally, Defendant’s referred to women in such coarse/vulgar language it would make a drunken sailor blush.

We took this case because Kerry Howard is a good and decent person, a loyal employee, and her claim was righteous.

Summary of the case:

Type of Action: ELCRA Discrimination/gender, FMLA Retaliation, FMLA Interference, Wrongful Discharge in Violation of Public Policy 
Injuries Alleged:    Loss of job, lost wages, outrage/emotional distress/mental anguish
Name of Case:    Kerry Howard v. Ross Mortgage
Court:    Genesee County Circuit Court
Name of Judge:    Judge Newblatt
Settlement:    $90,000
Key To Winning:    Plaintiff’s Counsel was able to objectively prove, beyond any doubt, that Defendants knew that Plaintiff was on FMLA, yet fired her before she returned. Additionally, Defendants were caught in numerous lies about why Plaintiff was terminated.
Attorney for Plaintiff:    Tom R. Pabst