ILNews

7th Circuit rules for employer on fired worker’s claims

Back to TopCommentsE-mailPrintBookmark and Share

An Italian-born naturalized U.S. citizen who sued his former employer for religious discrimination and defamation after he was fired could not prove his claims before the 7th Circuit Court of Appeals.

Emilio Martino worked for Western & Southern Financial Group in northern Indiana for about two months as a sales representative before his employment was terminated. The company has a policy that sales representatives may only work outside jobs that require five or less hours a week and less than $100 in pay. Martino submitted to the company his outside position as a pastor of a small church in Michigan, but because the pay and hours were over what the company allows, W&S told Martino he needed to end his pastoral position.

Shortly after receiving this notice, the company was trying to verify Martino’s eligibility to work in the U.S. He was unable to produce his Social Security card, but had a valid number, and the paperwork would take several weeks. The documentation he did produce could not verify his eligibility and allow him to complete the I-9 process within a reasonable time period, so the company terminated him.

As part of the company policy, W&S sent notification to the state insurance department as to Martino’s termination and the reasons behind it.

Martino filed a lawsuit alleging several claims, including religious discrimination and defamation. The District Court granted summary judgment to the company, and he appealed only the discrimination and defamation claims.

The 7th Circuit affirmed Thursday in Emilio Martino v. Western & Southern Financial Group, 12-1855, holding Martino’s evidence doesn’t call into doubt W&S’s explanation for his discharge, nor does it establish a prima facie case of defamation. There is no evidence of pretext, and the situations of other employees he claims were treated more favorably do not support his position. The judges also found the timing of the I-9 compliance pressure does not support that the company’s explanation for his discharge was pretextual.

Regarding his defamation claim, Martino argued that W&S committed defamation by implication when it sent notice to the state insurance department about his termination. In his mind, the statute requires reporting for specific bad acts, and W&S implied that his discharge was the result of one of those acts.

"Nothing in the form and termination letters sent to the state insurance department was false,” Judge Ann Claire Williams wrote. “Although the Indiana Code did not require W&S to report Martino’s termination to the state insurance department, it did not prevent the company from doing so. No evidence in the record suggests that W&S singled Martino out by reporting his discharge to the state. Rather, W&S simply followed the company’s policy of reporting all involuntary terminations.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

ADVERTISEMENT