[DOWNLOAD] "Promisel v. First American Artificial Flowers Inc." by United States Court of Appeals for the Second Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Promisel v. First American Artificial Flowers Inc.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 04, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Plaintiff Alvin Promisel, a sixty-three year old sales manager, sued his employer First Artificial American Flowers ("First American") under federal and state anti-discrimination statutes after First American fired him in December 1987 and replaced him with a younger man. First American now appeals from a judgment of the United States District Court for the Southern District of New York (Gerard L. Goettel, Judge) awarding Promisel lost wages and attorneys fees under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §Â§ 621-624 and damages for emotional distress" under the New York Human Rights Law, N.Y. Exec. Law §Â§ 290-301 after a jury trial. First American argues that the district court improperly exercised pendent jurisdiction over the state law claim for emotional distress, and that it was entitled to have the jurys award for lost wages offset by the unemployment and social security benefits that Promisel received. First American also argues that Promisel failed to prove that its reason for firing him was clearly pretextual. We reject each of First Americans arguments, and affirm the judgment below.
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