Won summary judgment in case involving allegations of violating the ADA
We represented Humana Pharmacy, Inc. in a matter where a former employee and his wife alleged that our client violated the Americans with Disabilities Act and ERISA. We won Summary Judgment on all of Plaintiffs’ claims. The Court determined that neither a disability, nor potential use of ERISA benefits were motivating factors in Plaintiff’s termination with the Company. In granting the Motion, and rejecting Plaintiffs’ pretext argument, Judge Spiegel focused on the Company’s adherence to its progressive discipline principles: “Defendant has put into the record evidence showing that Mr. Turner’s employment was terminated after he failed to improve his performance after he was warned and counseled repeatedly over the course of months.” (Turner v. Humana Pharmacy, Inc. d/b/a RightSource, S.D. Ohio, Case No. 1:11-cv-260, 10/2/12).