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Legal Forums » Employment Law - Discussion Forum » Employment Law

Started Dec 16 2012, 06:07

Posts: 1473

Dec 16 2012, 06:07
When seeking to apply the Forager/Ellet affirmative defense, summary judgment is cautioned against unless “the evidence is so overwhelming that the jury could rationally reach no other result,” the court explained, drawing on Second Circuit jurisprudence. In this instance, the employer did not meet this high standard. In light of the allegations set forth in the complaint, which must be regarded as true, and without additional discovery and factual findings, the court concluded that the employer could not establish that it was entitled to the affirmative defense as a matter of law.
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