FORMER MACY’S EMPLOYEE SURVIVES EFFORTS BY EMPLOYER TO COMPEL ARBITRATION AND A WAIVER OF HIS RIGHT TO A JURY TRIAL

NEW YORK, NEW YORK:  For over 18 years, David Weiss navigated his learning disabilities and was a productive and valued sales associate for Macy’s until 2015 when a supervisor accused him of violating company policy, resulting in his termination, despite no other disciplinary action during his employment at the company.  Weiss filed a civil suit in federal court in New York challenging his termination as motivated by his learning disabilities, thus, discriminatory.  In response, Macy’s sought to dismiss the federal court action claiming Weiss agreed to arbitrate any workplace disputes and, in effect, waive his right to a jury trial.  Judge Alvin K. Hellerstein rejected Macy’s arguments by finding Weiss did not agree to resolve his disability claims against Macy’s through private arbitration rather than in court.

Not to be denied, Macy’s challenged Judge Hellerstein’s rejection of its arguments before the United States Court of Appeals for the Second Circuit. On July 12, 2018, the three-judge appellate panel found Weiss was entitled to a hearing in the district court, rejecting once again Macy’s argument that Weiss agreed to arbitrate his disability claims. The appellate panel remanded the case to the district court for a hearing.

A copy of the appellate court’s decision is available here: 7.12.18 Certified copy of Summary Order – Dkt # 106

The appellate decision presents a rare opportunity for an employee to prove through a hearing that the employer’s version of events is not credible. Weiss expects to do just that.  Weiss is represented in this action by Meenan & Associates, with attorney Scott Korenbaum assisting on the appeal.

About Meenan & Associates: For more than 25 years, Meenan & Associates has provided highly personalized and cost-effective legal services to our individual and business clients. Our lawyers are dedicated to helping our clients throughout the legal process with understanding, compassion and personalized attention.

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