PHILADELPHIA - A company accused by a former employee of defamation has requested the case be dismissed or resolved via arbitration and that it be moved to the U.S. District Court for the Eastern District of Pennsylvania from the Court of Common Pleas of Lehigh County.
Innovel Solutions Inc. said in its June 29 motion to dismiss that both parties in the case are tied to an arbitration agreement.
“Plaintiff expressly agreed to abide by the terms of the agreement and because he declined to exercise his right to opt out of that agreement, plaintiff is now precluded from bringing this civil action against Innovel,” the motion said.
Defendant's Attorney Jacob Oslick
| Seyfarth Shaw
If the court chooses not to dismiss the lawsuit, Innovel said it should instead order arbitration.
The lawsuit, which was filed in the Lehigh County court on May 25, stems from an incident in which Wayne Marquardt was allegedly fired by Innovel for stealing microwaves from the company.
Marquardt began working with the company in 1987, and on Feb. 28, he was accused of stealing a microwave during a private meeting with an asset protection officer.
Two weeks later, he was fired by his supervisors in response to the alleged theft, the motion said.
“As plaintiff was leaving the warehouse, he told an unidentified 'immediate supervisor' not to expect to see him at the warehouse the next day since he had just been fired for stealing a microwave,” according to the filing.
Later that day, Marquardt claims he received emails and text messages from former co-workers regarding his termination, which lead him to believe his reputation had been tarnished by the company.
During the confrontation with the asset protection officer, Marquardt denied the theft allegations. In a written account of the incident, Marquardt claimed he had taken three empty microwave boxes.
“Prior to being fired for theft, Wayne had a reputation for honesty and integrity in his community and at the warehouse,” his lawsuit said.
Marquardt's said in his defamation suit that he has been unable to find other employment because of the theft accusations.
Innovel said in its dismissal motion “This claim...is without merit and must be dismissed because the defamation theories on which plaintiff relies are either barred by law or inadequately pled and fail to state a claim upon which relief can be granted."
In addition, Innovel said Marquardt's "conversation with his Innovel supervisors, wherein he was told the reason for his termination, is absolutely privileged under Pennsylvania law."