FRESNO – Ashley Furniture Industries Inc. recently filed a notice to remove a former employee's age and disability discrimination complaint from Tulare County Superior Court to the U.S. District Court for the Eastern District of California, Fresno Division.
The notice was filed April 25.
Under 28 U.S.C. section 1332(a), the defendant, Ashley Furniture, states that the diversity of citizenship between the plaintiff, who resides in California, and Ashley Furniture, a Wisconsin corporation with its principal place of business in Arcadia, Wisconsin or Florida, gives the federal court jurisdiction. The defendant also noted that the matter in controversy exceeds $75,000, which also gives the court jurisdiction.
James Mosley filed the suit against Ashley Furniture and Stoneledge Furniture LLC, a limited liability company, on March 15, accusing the defendants of age and disability discrimination. According to the notice, he alleges that the defendants “wrongfully terminated his employment after he requested reasonable accommodations for this disability.” He also alleges they “terminated him for taking protected leave for his disability.”
Mosley reportedly worked for the company from October to December 2017. During that time, he earned $3,667.55, including $10.50 per hour and weekly compensation pay or $1,467 a month.
“If this case goes to trial in March 2019, it may reasonably be estimated that plaintiff’s claims of back pay and front pay would alone total $52,812,” the notice said.
It also noted that attorneys’ fees and damages for emotional distress would be at least $30,000 and $25,000 respectively.
“While defendant’s position is that plaintiff is not entitled to any damages or fees, the minimum amount in controversy as of the date of this notice of removal of action, without including potential punitive damages, appears to be $107,812,” the notice said.
The defendants are being represented by Bradley E. Schwan of Littler Mendelson PC in Los Angeles.