PHILADELPHIA – A woman suing the parent company of Marshall’s department stores and alleging unlawfully denied her employment due to a prior aggravated assault conviction is renewing her complaint against the company.
On April 6, plaintiff counsel Samuel A. Dion filed a praecipe to reinstate the complaint of Mary Holly versus The TJX Company, Inc., based in Philadelphia.
Holly, also of Philadelphia, first filed suit in this matter on Jan. 27, in the Philadelphia County Court of Common Pleas. An arbitration hearing is scheduled for Oct. 25, in the Arbitration Center at 1880 JFK Boulevard.
According to Holly’s complaint, she was convicted of felony aggravated assault in 2011 before later applying for employment and being hired as a warehouse worker by the defendant on Sept. 18, 2016. Holly’s hiring was contingent on the results of her criminal background check, and began work the day after being hired.
On Oct. 7 of last year, Holly said she was informed by the defendant it changed its mind about her employment and terminated her, due to the prior conviction.
“Defendant’s actions were a willful violation of 18 Pa.C.S. Section 9125, which restricts an employer’s use of criminal background information when making hiring decisions. Specifically, 10 Pa.C.S. Section 9125 permits employers to consider only felony and misdemeanor convictions for hiring decisions, only to the extent to which they relate to the applicant’s suitability for employment in the position for which they have applied,” the suit says.
Holly claims to have suffered lost pay, lost benefits, economic damages and compensatory damages in this matter, alleging liability of $10,000.00 in liquidated damages for each willful violation of 18 Pa.C.S. Section 9125 (including not informing her of her termination in writing).
For these allegations of violating 18 Pa.C.S. Section 9125 and bad faith, the plaintiff is seeking damages not in excess of $50,000, plus attorney’s fees, interest and costs.
The plaintiff is represented by Dion of Dion & Goldberger, in Philadelphia.
Philadelphia County Court of Common Pleas case 170103946
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com