CourtCases2010

Thus it appears that the legislature intends 13 to

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Unformatted text preview: ory damages, but, in addition thereto, punitive damages and reasonable attorney fees for violation of this act. n2 "Other benefits" has been construed to include insurance benefits, sick leave, vacation pay or other economic or fringe benefits "commonly associated" with employment. Juror 157 v. Corporate Defendant, 710 F. Supp. 324, 326 (M.D. Fla. 1989). - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - In Hill v. Winn-Dixie Stores, Inc., 934 F.2d 1518 (11th Cir. 1991), a former employee who had resigned her position as a produce manager with a Florida Winn-Dixie store brought suit against her former employer for violation of 28 U.S.C. § 1875. Specifically, she alleged coercion, intimidation, harassment and constructive discharge because of her service on a federal jury. Id. at 1522. At trial, Hill presented evidence of reprimand, changes to her work schedule to times when she was required to serve jury duty, and threats to discharge or demote her if she did not maintain certain sales quotas. Id. at 152122. The jury rendered a special verdict finding that Winn-Dixie "threatened to fire or otherwise coerce or intimidate the plaintiff Joanne W. Hill because of [**11] her service or in connection with a federal jury," and that her working conditions were so difficult that a reasonable person would have resigned. Id. at 1522. The district court granted a judgment notwithstanding the verdict in favor of Winn-Dixie. Id. at 1523. The Eleventh 131 Circuit, however, reversed the JNOV, in part holding that although the evidence was insufficient to enable a jury to conclude that Hill was constructively discharged, it was sufficient to allow a jury to find that "Winn-Dixie coerced or intimidated Hill in violation of 28 U.S.C. § 1875." Id. at 1526. Accordingly, the Eleventh Circuit reinstated the jury verdict finding that Winn-Dixie coerced or intimidated Hill in violation of the statute. Id. At 1527. Similarly, in Madonia v. Coral S...
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