Employment Attorney Shannon Finley Wins Summary Judgment Motion

Pettit Kohn Ingrassia Lutz & Dolin won a motion for summary judgment on behalf of a large wholesale and retail client.  Plaintiff alleged that he was wrongfully terminated, retaliated, and discriminated against because he was disabled.  He also claimed that his employer failed to engage in the interactive process and provide reasonable accommodations for his disability.  Plaintiff alleged that his employer had notice of his disability because he sometimes visibly limped at work.  Plaintiff also told his supervisors that his foot hurt on three occasions over a period of one year.  Plaintiff claimed that his employer intentionally inflicted emotional distress on him by discriminating and retaliating against him.  Plaintiff also alleged several wage and hour violations, including the failure to provide rest breaks and the failure to provide accurate wage statements.

Shannon Finley successfully argued that Plaintiff’s vague and infrequent complaints of foot pain did not constitute knowledge that Plaintiff had a disability.  Without knowledge of Plaintiff’s disability, the employer could not have terminated Plaintiff’s employment or discriminated against him because he was disabled.  Additionally, without knowledge that Plaintiff had a disability, the employer had no obligation to engage in the interactive process or provide accommodations.  Ms. Finley also established that Plaintiff had previously waived his wage and hour claims as a member of a class action settlement.  As a result, the Court ruled that no triable issue of fact existed and the employer was entitled to summary judgment on all ten causes of action.  The client was extremely pleased with the outcome and appreciative of Shannon’s successful efforts.