West Palm Beach Partners, Barry Postman and Katie Merwin, obtained a complete defense verdict in a pregnancy discrimination and retaliation case in Broward County. Their client, a multi-unit franchisor of a popular restaurant chain, was accused of discrimination and retaliation after the Plaintiff was terminated shortly after requesting time off for pregnancy related doctor’s appointments. The Defense was able to establish that the Plaintiff’s history of poor work performance was the true reason for her termination. Additionally, the Defense was able to preclude the Plaintiff from relying on a “motivating factor” jury instruction based on a recent line of cases from the Eleventh Circuit Court of Appeals. After four days of trial, the jury deliberated for approximately forty minutes before returning a complete defense verdict. This great result was achieved despite having short notice to report for trial after being selected in Broward County’s trial pool.
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