Rhonda Lowrimore vs. Certified Industries, Inc.

This appeal involves an award of front pay damages in a retaliatory discharge case. An employee who had been injured on the job five times in less than two years filed a retaliatory discharge suit in the Circuit Court for Lewis County alleging that her employer had discharged her in retaliation for her workers' compensation claims. A jury awarded the employee $10,390 in back pay and $20,000 in punitive damages. Thereafter, the trial court determined that reinstatement was not feasible and awarded the employee an additional $36,327 in front pay. On this appeal, the employer challenges the front pay award on two grounds. First, it asserts that the employee was not entitled to front pay. Second, it asserts that if the employee is entitled to front pay, the amount of front pay awarded by the trial court is too high. We have determined that the trial court correctly determined that the employee is entitled to front pay. However, we have also determined that front pay award must be reduced to $25,429 because of an error in the trial court's computations.