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ARTICLE · 22 NOVEMBER 2012

How Simple: Discrimination Case Is Dismissed On A Technicality!

Rumberger, Kirk & Caldwell, P.A.
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Can an employment discrimination suit be dismissed on a basic technicality?

United StatesEmployment and HR
Darren Schwartz
Darren Schwartz
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Can an employment discrimination suit be dismissed on a basic technicality? Rumberger, Kirk & Caldwell attorney, Darren Schwartz, says yes it can, according to the recent decision in Robinson v. Tyson Foods, Inc. [Case No. 08-14991. February 5, 2010]. 

The plaintiff in Robinson filed for bankruptcy, then a few years later brought a discrimination suit against her employer. However, per Debtor Statutory duty, she failed to notify the Bankruptcy Court of the lawsuit, thus it was dismissed.

Not only are bankruptcy filings on the rise because of the suppressed economy, but so are employment suits due to the sharp increase in layoffs.

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