Wayfair PFML verdict: Five lessons every HR professional should take seriously

Recently, a Massachusetts superior court jury awarded $4.75 million to an employee in a case against her former employer, Wayfair. The verdict has become one of the most significant employment law developments for Massachusetts employers since the Paid Family and Medical Leave (PFML) law took effect in 2021. The substantial verdict under PFML’s antiretaliation provision is an important reminder that leave administration is no longer simply a compliance exercise—it is a litigation risk that demands careful planning and execution.

Facts behind the verdict

A former Wayfair manager took protected leave under the PFML. After returning from leave, she was placed on a performance improvement plan (PIP) and later terminated. She sued, claiming age discrimination and PFML retaliation. Wayfair maintained that the termination resulted from documented performance deficiencies predating the employee’s leave.

The jury reached a different conclusion. While it rejected the age discrimination claim, it found that Wayfair unlawfully retaliated against her for exercising her PFML rights. The jury awarded approximately $4 million in punitive damages, $600,000 in emotional distress damages, and back pay.

For employers and HR leaders, the size of the award is noteworthy. Importantly, the case also illustrates how juries evaluate employer actions that occur shortly after an employee returns from protected leave.

Why this case matters