Date: 08-29-2001

Case Style: James Roley v. The Nordam Group, Inc.

Case Number: 00-CV-0699-H

Judge: Sven E. Holmes

Court: United States District Court for the Northern District of Oklahoma

Plaintiff's Attorney: D.E. "Ned" Dismukes, Tulsa, Oklahoma

Defendant's Attorney: Stephen L. Andrew, Dr. Kevin Ikenberry and Renee Williams of Stephen L. Andrew & Associates, Tulsa, Oklahoma

Description: Plaintiff alleged that he was employed by Nordam Group, Inc. in Tulsa in 1999 when he went to the hospital with what was diagnosed as pneumonia. Plaintiff alleged that he was admitted to he hospital on August 8, 199, and discharged on August 12, 1999. Plaintiff was scheduled to work the week of August 9 - 13, 199, but did not report to work. Plaintiff returned to work on August 16, 1999, but was fired. Plaintiff claimed that his firing was a violation of the Family and Medical Leave Act, 29 U.S.C. sec. 2601, et al. ("FMLA"), in that he was hospitalized with a serious health condition, he gave adequate notice of his need for leave, but was fired for taking leave. Plaintiff dismissed with prejudice his implied contract claim based on Defendant's Attendance Policy.

Defendant denied that it violated the FMLA. It alleged that it discharge the Plaintiff for violating its three-day, no-call rule. Defendant asserted that the parties reached an accord and satisfaction that the case was settled by the parties when the plaintiff accepted defendant's offer of reinstatement and the payment of $750.00. (Defendant's defense was converted to implied release and satisfaction in the jury charge.)

Outcome: Plaintiff's verdict for $25,691.12.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Plaintiff will probably be entitled to liquidated damages equal to the amount of the verdict, interest, attorney fees and costs.