In Caputo v. Iesi NY Corp., No. 150594/2018, 2023 WL 5167701 (N.Y. Sup Ct, New York County Aug. 11, 2023), the court held that summary judgment was inappropriate on plaintiff’s claims of discrimination and retaliation.
From the decision:
Here, issues of fact preclude summary judgment on all claims related to discrimination and retaliation. Plaintiff and defendant agree that plaintiff used a sick day to be excused from work for a kidney stone type condition; plaintiff posted a social media picture of himself spectating a sports game that same day; plaintiff’s supervisor viewed the social media picture and sought a meeting with plaintiff to discuss the ostensible use of a sick day to attend the sports game; plaintiff reported the supervisor’s actions to HR; plaintiff’s sales goals were later increased; plaintiff was unable to meet these increased sales goals; and plaintiff’s employment was terminated. However, unsurprisingly, the parties draw opposite conclusions from the evidence submitted on these motions. Plaintiff contends that the increased sales goals were retaliation for his report to HR following his supervisor’s actions. Defendant contends that the increased sales goals were set by another individual, not plaintiff’s supervisor, and the increase occurred long after plaintiff’s HR report. The conclusion drawn from this evidence is that of the fact finder, not the Court on summary judgment.
The court also held that summary judgment dismissing defendant’s counterclaim for breach of the parties’ employment employment agreement. Among other things, the court noted that it was undisputed that plaintiff did not comply with the agreement (specifically, its requirement that plaintiff return all confidential information in his possession).