David H. Rich and Jennifer A. Scully obtained a Suffolk Superior Court jury verdict rejecting the associational handicap discrimination claim of a sales employee previously employed by the firm's client.
At the conclusion of three days of trial, the jury rendered its verdict following less than a full day of deliberations in favor of the firm's client dismissing the plaintiff's discrimination claim.
The firm's client in February 2015 terminated the sales employee for significantly low sales numbers and lack of overall progress within the company following his hiring in July 2014. He had been hired to buy and sell electronic components to parties around the world and develop new business relationships for the company.
The former salesman alleged that he was terminated because of disability discrimination related to his wife bringing a service dog to the company's holiday party in December 2014.
Despite the plaintiff's testimony of alleged examples of "disparate treatment" that he claimed to have experienced after the 2014 holiday party in an effort to distract the jury from the real reason for his termination – his low sales results – the jury ultimately ruled in favor of the firm's client.
Mr. Rich, a partner at the firm, focuses his litigation practice on complex business litigation, First Amendment law, and employment law. Ms. Scully concentrates her practice on complex commercial litigation and employment law.
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