The firm defended a contractor in an employment discrimination lawsuit filed by a former employee who had been laid off as part of a reduction in force. The plaintiff alleged age discrimination, disability discrimination, violations of the federal and state medical leave laws, retaliation, and intentional infliction of emotional distress. He sought over $350,000 in lost wages, plus emotional distress damages, punitive damages and attorneys’ fees. To gain an early strategic advantage, the firm successfully removed the lawsuit from state to federal court, where we then convinced the federal judge to dismiss two significant portions of the lawsuit, including the claims for emotional distress and punitive damages. We then obtained significant admissions from the plaintiff in a heated deposition, which forced him to reduce his demand. The case settled after an early neutral evaluation with the judge, saving the contractor valuable time and tens of thousands of dollars in potential damages and attorneys’ fees.
Counsel: Chad T. Wishchuk