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...
View Full Document
This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08