Haitian woman in Miami fired by Hilton Hotels for taking Sundays off is NOT awarded $21 million

[jfkennedy]

... what nowwww?? I don't know how else to explain it. LMAOFFFF you didn't have to change the title!!!!. sigghhhh, she would have won the 21million
you are still not getting itSYMBOLICALLY she won the 21million... change the title back.. O. M. G. ... SHE WON THE 21MIL but the govt. THE GOVT is only allowing her to receive the 500K bc that's the capped amount. if she was just suing Hilton without government involvement, the CORPORATION WOULD BE ORDERED TO PAY HER THE FULL AMOUNT OF 21 MILLION. BUTTTTT federal law only allows her to receive 500K.

(I wasn't trying to disrespect your post or you, at all, or cause confusion btw- I just thought that it would be interesting to note, from a legal perspective.)

I think he's just showing disgust at her only getting $500k, lol.

 

[Nicole0416_718_929_646212]

I feel like more workers could get lawsuits like this if they weren't afraid to report the abuse.

facts. people get intimidated by their employer or fear they get blackballed in their careers and it does take a long time for these cases to reach a decision but what the majority of what people don't realize is that a lot of these cases are decided in favor of the employee bc employers think just like you said "people are afraid to report abuse or discrimination" , they count on that.

 

[dterpsss]

..dammit I DID... There is no "rest goes to the government". she IS getting the 500K. The money goes to HER, that's it. There's no 21million, nothing is leftover. NONE.. nothing goes back to the government. That 500K will go to HER (and her atty). She only SUED for the 21mil, she can only get 500K.. the 500K will come from Hilton (the company that got sued)...got me now?? @karim
(edit-yall are thinking that she gets 500k and the government will get its take of the rest which would be 20.5 mil (or whatever) but that's not the case)

What is the point of suing for more than the cap?

 

[Nicole0416_718_929_646212]

I think he's just showing disgust at her only getting $500k, lol.

500K is still a good look. it's dope that she stood up for herself. That's more than what she would have from working years at Hilton and after the lost wages and emotional damages she actually gets over $1 mil. compared to 21mil, it doesn't seem like it, but none of us in here not see 500k as significant and the fact that she won her case.

 

[Icantspell]

What is the point of suing for more than the cap?

Because they will negotiate down

 

[Atsym Sknyfs]

Don't forget if this is a ProBono lawyer he's taking 1/3 ....

 

[Bunchy Carter]

..dammit I DID... There is no "rest goes to the government". she IS getting the 500K. The money goes to HER, that's it. There's no 21million, nothing is leftover. NONE.. nothing goes back to the government. That 500K will go to HER (and her atty). She only SUED for the 21mil, she can only get 500K.. the 500K will come from Hilton (the company that got sued)...got me now?? @karim
(edit-yall are thinking that she gets 500k and the government will get its take of the rest which would be 20.5 mil (or whatever) but that's not the case)

Wait....so she is not getting 21 million...can you explain that again

 

[Nicole0416_718_929_646212]

What is the point of suing for more than the cap?

Ultimately, it sends a message to the Corporation. These entities think they're untouchable, which they're not- on their books it's a 21.5 million loss, and it goes on the record that had this been a jury award, the Auntie Lady def. would have received the 21.5million. And it also sets a precedent that Hilton as a brand lost their discrimination case. Now they have to reevaluate how to deal with these types of issues. As you see - it's reported to the media outlets, could bring on a class action if other people had the some types of problems etc. Acts as a warning to other companies with religious discrimination practices.

On the flip side of that- had this been a straight up non-federal jury trial, civil litigation, not at the federal level; it's better to ask for the highest amount possible, she could have even won more than the 21.5Million in damages bc juries are sympathetic to emotional pain and suffering,and the fact that she's is devout in her religious practices. Originally she sued for $50 million, was awarded 21.5million but the cap is 300K. (corrected from earlier, the cap for federal cases is 300K not 500k). For example, people who sue large companies and pharmaceutical companies, cancer causing products - Phillip Morris (tobacco and smoking cases), diet drugs, etc...

 

[dterpsss]

Because they will negotiate down

What’s the incentive for the government to accept anything past 500k plus court costs?

 

[dterpsss]

Ultimately, it sends a message to the Corporation. These entities think they're untouchable, which they're not- on their books it's a 21.5 million loss, and it goes on the record that had this been a jury award, the Auntie Lady def. would have received the 21.5million. And it also sets a precedent that Hilton as a brand lost their discrimination case. Now they have to reevaluate how to deal with these types of issues. As you see - it's reported to the media outlets, could bring on a class action if other people had the some types of problems etc. Acts as a warning to other companies with religious discrimination practices.

On the flip side of that- had this been a straight up non-federal jury trial, civil litigation, not at the federal level; it's better to ask for the highest amount possible, she could have even won more than the 21.5Million in damages bc juries are sympathetic to emotional pain and suffering,and the fact that she's is devout in her religious practices. Originally she sued for $50 million, was awarded 21.5million but the cap is 300K. (corrected from earlier, the cap for federal cases is 300K not 500k). For example, people who sue large companies and pharmaceutical companies, cancer causing products - Phillip Morris (tobacco and smoking cases), diet drugs, etc...

Good breakdown , rep

 

[Nicole0416_718_929_646212]

Wait....so she is not getting 21 million...can you explain that again

...

 

[get these nets]

Don't forget if this is a ProBono lawyer he's taking 1/3 ....

Pro bono would mean that he's not charging for legal services

 

[Nicole0416_718_929_646212]

Don't forget if this is a ProBono lawyer he's taking 1/3 ....

Technically, that would be a lawyer who works on contingency - meaning that he would be entitled to that percentage. Pro bono means "public good" - just means a lawyer is providing legal services for free, off charity or for the good of the public. Pro bono attorneys do not get paid by the parties in the case for the work on the case.

 

[Nicole0416_718_929_646212]

What’s the incentive for the government to accept anything past 500k plus court costs?

There is none because the government, itself, doesn't receive any money. The government does not determine the verdict, they only determine the max amount actually awarded, the government does not receive the money but the purpose of the cap is to manage the cost of doing business. Most juries don't know about the damages cap. I think the overall point is to not "bankrupt" the government or the company (simplest term possible) and to reduce lawsuits to an amount that is economically efficient. The whole legislative checks and balances issue as part of the Consitution. Ultimately- it's in the interest of the government to limit liability. They don't want people just indiscriminately suing for 100million and without the cap, you would have a lot of people walking around suing for all types of amounts, jury awards. States have the same types of laws in some cases - Kansas, Oregon, Maryland and Virginia have challenged damage caps and whether they deny the right to jury trials.

 

[Fatboi1]

They were telling me to come work on Sunday, I stood on my principles and told them NO!

They didn't hear, you know white people want to aggravate me, by the grace of God I'm delivered

You know white people are people that want to get you in deep trouble