Dillards employee handbook
At trial, Hartley testified he had planned to work for Dillard's until age sixty-eight. Dillard's contends Hartley's front pay award should be limited because he failed to continue looking for work prior to trial. Based on our review, the district court did not clearly err in refusing to deduct the specific amounts contested by Dillard's from Hartley's back pay award.įirst, Dillard's argues the district court erred in awarding front pay until Hartley reached age sixty-eight. Matlack, Inc., 903 F.2d 978, 984-85 (3d Cir.1990) (allowing for the recovery of vacation, sick leave/funeral leave, short and long term disability, tuition aid program, medical benefits, and pension plan contributions, where employee handbook noted these among the "invisible paycheck" that the employee receives as a benefit of employment). 6 (5th Cir.1992) (allowing former employee to recover $750 a month in lost travel expenses the employee was entitled to while working) Kelly v. Safeway Stores, Inc., 210 F.3d 1237, 1243 (10th Cir.2000) (allowing for recovery of lost stock options that would have vested, but for the illegal termination) Brunnemann v. 2000) (upholding back pay award that included vacation time, employee meal discounts, and health insurance coverage) see also Greene v. Further, other courts have allowed the recovery of various fringe benefits of employment such as vacation time, employee meal discounts, health insurance coverage, lost stock options, and travel expenses. We have held that on proper foundation, an employee may recover benefits other than lost wages such as lost 401(k) contributions, and the replacement of life and disability insurance that had been paid by the employer. 3ĭillard's challenges the inclusion of payments for health, life and other forms of insurance, contributions to Hartley's retirement plan, accrued vacation, and the value of Hartley's employee discount. Any error in using "a" instead of "the" determinative factor did not constitute harmful error when the jury relied on the McDonnell Douglas formulation to find discrimination. See Brown, 284 F.3d at 953 (stating no grounds for reversing where jury instructions adequately represented the law). Taking the jury instructions as a whole, they adequately represent the law in this case.
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create a reasonable inference that age was a determinative factor.").
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Farmland Indus., Inc., 271 F.3d 718, 726 (8th Cir.2001) ("Erickson must present sufficient evidence to. Pharmacia & Upjohn, 225 F.3d 915, 919 (8th Cir.2000) ("Fisher must then present evidence sufficient to raise a question of material fact as to whether Pharmacia's proffered reason was pretextual and to create a reasonable inference that age was a determinative factor in the adverse employment decision.") Erickson v. to create a reasonable inference that age was a determinative factor" (emphasis added)) Fisher v. TCI Cablevision of Mo., Inc., 298 F.3d 723, 729 (8th Cir.2002) ("Calder must then present evidence sufficient. However, we have also approved of the "a" determining factor standard.