She claimed the defendants acted with “malice and a conscious disregard for Plaintiff’s federally protected rights” and she suffered economic and emotional distress, pain and suffering.
The settlement stipulates her attorney Brian Butler gets $50,000, she received a check for $32,000 in “non-wage damages” and $18,000 for lost wages. She did not get her job back.
Butler told the Journal-News he couldn’t comment on the settlement. In the lawsuit he claimed the following:
“Defendants’ justification for terminating Gabbard is pretext for illegal discrimination on the basis of her pregnancy and retaliation for taking a leave of absence for her pregnancy,” the lawsuit reads. “Defendants also interfered with Gabbard’s rights under the FMLA by denying her FMLA leave to which she was entitled, and by using her FMLA-protected leave as a negative factor in the decision to terminate her employment.”
Gabbard had her baby May 31, 2022 and she had 30 days from that date to provide the county her Family Medical Leave Act form. She gave the form to her doctor to complete on June 9 and informed her supervisor. After another court employee texted her about her return date on July 13, she said she intended to take the full 12 weeks of leave to which she was entitled, and a week later said she’d return in September.
The lawsuit claims prior to Gabbard’s leave her supervisor was “agitated” that she wanted to take longer than six weeks off and that she asked the county to provide her a place to express breast milk upon her return.
She alleged Court Administrator Linda Lovelace fired her in a letter dated Aug. 2. The lawsuit claims Lovelace cited the following concerns in a termination letter: “1) Gabbard allegedly cleaned out her desk when she took leave; 2) failed to return FMLA paperwork after allegedly being reminded and asked about it on several occasions; and 3) failed to submit a request, in writing, to Lovelace along with a signed physician’s statement stating how long she needed to be off of work.”
Gabbard claimed nobody told her she hadn’t provided sufficient paperwork.
County Prosecutor Mike Gmoser told the Journal-News, “in general while I represent the courts I generally stay out of their employment practices, however I have issued a directive to the Area Courts that anytime they are involved with some issue regarding a discharge I want to be informed before any actions are taken. I need to know before things happen as opposed to after.”
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