Plaintiff contends that she “was succeeded by one or more of three new male MEs and so was replaced by someone outside her protected class.” There is evidence that Defendant had “three temporary or agency MEs” but didn’t know if they were actually hired and was not sure of their race. Defendant argues that evidence…

Plaintiff’s earnings prior to her employment with Defendant are not relevant to this cause of action. Therefore, the temporal scope of the financial information relevant to Plaintiff’s case is limited to the time period during and after her employment with Defendant. Because Plaintiff was hired by Defendant in June of 2014, only Plaintiff’s earnings (and…

Despite the fact that the employer posted an arbitration agreement with a 30 day opt out clause the Court held “that is a gamble every employer takes any time it foregoes an employee signature and instead hangs its hat on a fact finder’s determination of whether it met Halliburton ‘s notice requirements.” The Court further…

Even if the attorney-client or work-product privileges were to apply, Herzing waived the privileges by asserting the Faragher-Ellerth defense. When a Title VII defendant affirmatively invokes a Faragher-Ellerth defense that is premised at least in part on an internal investigation, the defendant waives the attorney-client privilege and work- product doctrine for all documents created as…

It is clear that, pursuant to Herzing’s policy, the investigation would have been conducted regardless of whether litigation ensued. As a result, the investigation was conducted in the ordinary course of business.  Accordingly, the work-product privilege does not apply to Baiocchi’s notes. Ambrose-Frazier v. Herzing Inc, No. 15-1324, 2016 WL 890406 at *4 (E.D.…

Defendant has presented no evidence that it would have immediately terminated Plaintiff once she expended all her FMLA leave. In fact, Plaintiff declared that she was injured in an automobile accident in 2010, that she missed approximately twenty-one weeks of work, and that Defendant granted her nine weeks of non-FMLA leave after she exhausted her…

In the Court’s opinion, the evidence cited above is sufficient to create a genuine dispute of material fact as to whether Plaintiff actually violated the advance notice policy, which only requires that an employee provide notice to her supervisor. The record contains evidence that Plaintiff’s immediate supervisors and the director of her department knew that…

“There is no dispute here that Watch House’s Arbitration Plan satisfies the second prong of Lizalde by applying equally to claims made by both Watch House and Nelson. Rather, Nelson focuses our attention on the following language in the Plan:

This agreement may not be altered except by consent of the Company and shall be…