Albuquerque, NM (PRWEB) August 29, 2013
Moody & Warner, P.C. was recently able to reach a positive outcome for one of its clients, a Rio Rancho, New Mexico hairstylist business that was being sued by a former employee who claimed that she was wrongfully harassed and fired based on the fact that she disclosed her pregnancy and subsequently complained of harassment. Following strategic legal representation of the company, the federal District Court handling the case dismissed the lawsuit on motion practice, finding that the plaintiff failed to proffer sufficient evidence to demonstrate that the company improperly terminated her or that it violated her rights as an employee. The case was Ashley Famiglietta v. K-Bear, LLC d/b/a/ ProCuts, and John and Jane Does 1-5, Case No. CIV 12-824 LFG/ACT (United States District Court for the District of New Mexico).
According to the details provided in the District Court’s Memorandum Opinion and Order, the woman started working for the hairstylist company from November 2009 through March 2011. She claims that after informing her employer in December 2010 that she was pregnant, she started experiencing harassment based on her pregnancy and was wrongfully terminated three months later. The company, in turn, denied any wrongdoing, stating that her discharge was actually due to a series of customer complaints about the poor quality of her customer service and her attitude. The company noted that the discharge occurred after the employee was informed that customer complaints were grounds for termination. It also noted that after the woman told the company owner that she thought she was being harassed because of her pregnancy, the company conducted a thorough investigation into the matter, subsequently finding no evidence to back up her claim.
Moody & Warner, P.C. filed a motion for summary judgment on behalf of its client, contending no genuine issues of material fact existed to demonstrate discrimination, harassment or retaliation. In the end, the New Mexico employment law firm was successful in showing that the plaintiff had contradicted her previous testimony and had attempted to create “sham issues of fact” to avoid dismissal. According to the court documents, the District Court agreed that the company’s actions against the employee were not a form of pregnancy-related discrimination, harassment or retaliation. It further noted that an employer is “entitled to assess and evaluate an employee’s performance and to document problems.”
Moody & Warner, P.C., which represents both employers and employees, is qualified to handle a broad range of employment law matters. The firm’s lawyers have more than five decades of experience and have received various professional accolades throughout their legal careers. To learn more about Moody & Warner, P.C., visit http://www.nmlaborlaw.com.