Margolis Edelstein partners Meghan Wynkoop and Ana Baranowski with briefing support from associate Alyssa Spadel successfully defended an employment action where a Plaintiff filed a Federal Complaint in the Eastern District of Pennsylvania, alleging race discrimination and retaliation following her termination.
The team argued that Plaintiff’s Complaint suffered from significant pleading deficiencies and, therefore, could not survive a Motion to Dismiss. Among other defects, Plaintiff failed to allege protected activity in support of her retaliation claim, failed to adequately plead a causal nexus between her protected class and her termination, and improperly invoked the Pennsylvania Whistleblower Law against a Defendant that was not a state actor. The Court agreed with each argument, concluding that the Complaint failed to state a claim upon which relief could be granted and dismissed the Complaint in its entirety.
