Jurors decided worker was wrongly let go for taking care of dying mom

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Story Published: Mar 25, 2008 at 7:52 PM PDT

Story Updated: Mar 25, 2008 at 7:52 PM PDT

By Associated Press

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PORTLAND, Ore. (AP) - Multnomah County has been ordered to pay $1.8 million to a former sheriff's office employee who claimed she was let go because of her frequent use of medical leave to tend to her terminally ill mother.

The award is believed to be the largest against the county government in at least 20 years. In the past decade, the county has had only two employment cases where it has been ordered to pay more than $200,000, one of which is currently under review by the 9th U.S. Circuit Court of Appeals.

County Attorney Agnes Sowle told The Oregonian newspaper on Monday that the county has yet to decide whether to appeal the federal jury verdict.

The suit was filed by Jill Traxler, who worked for the sheriff's office for almost 20 years before she was laid off by Sheriff Bernie Giusto.

According to court records, Traxler had good performance reviews spanning most of her career. In 2005, after being transferred to the new position of payroll supervisor, Traxler began using leave more frequently to care for her mother. In June of that year, her supervisors told her that she was being laid off.

The Family Medical Leave Act requires governments and large businesses to provide leave for workers dealing with serious illness, or caring for a new baby or sick family member.

The sheriff's office says Traxler's position was eliminated because of budget cuts. But Traxler's former boss later sent an e-mail saying another staffer had been hired as payroll supervisor. Human Resources Director Jennifer Ott reprimanded the sender, noting the specific position "technically went away" in the budget cut and the post should not have been referred to in the e-mail.

"If it somehow lands in Jill Traxler's hands, we will have to dispute the language," she wrote, according to court records.

Soon after leaving the sheriff's office, Traxler took another post with the county but spent much of her trial period away from the office caring for her mother, whose condition had worsened. The county fired Traxler in September 2005. Her mother died the following year and Traxler has been struggling to find stable employment.

"She would like to get another job," said Daniel Snyder, her lawyer. "Because she's been fired it's been really, really hard for her."

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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