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PHILADELPHIA – Litigation between a paralegal and a Philadelphia personal injury firm over her claims that she was fired for the discriminatory reason of her health condition has been settled.
Lisa Pio of Philadelphia initially filed suit in the U.S. District Court for the Eastern District of Pennsylvania on April 21 versus The Law Offices of Joel J. Kofsky, also of Philadelphia.
Pio said began working as a paralegal for Kofsky’s law office in October 2019 and several months prior to her employment, she underwent surgery to remove a cancerous tumor from her kidney.
She alleged that on Oct. 29, 2019, she informed the firm of her previous surgery and that she sometimes felt ill, and was unable to take medication for her condition due to lack of health insurance. Pio claimed four days later, she was abruptly terminated for false reasons.
On June 22, the Kofsky firm filed an answer to the complaint, denying its assertions and citing eight affirmative defenses.
“Plaintiff fails to state a claim upon which relief can be granted and the plaintiff’s conduct is the sole and exclusive legal cause of the damages and harm alleged. All employment actions and decisions regarding plaintiff are supported by legitimate non-discriminatory motives. One or more of plaintiff’s claims may be limited or barred, or plaintiff’s recovery may be restricted, by the doctrine of after-acquired evidence,” per the firm’s answer.
“Plaintiff has failed in her obligation to mitigate her alleged damages. “The circumstances surrounding plaintiff’s termination do not give rise to an inference of discrimination. Plaintiff’s damages, if any, are subject to the damages caps or limitations imposed by applicable law. Some of plaintiff’s claims may be barred for failure to exhaust administrative remedies.”
On Aug. 12, U.S. District Court for the Eastern District of Pennsylvania Judge John M. Younge ordered the case dismissed with prejudice, due to a settlement having taken place between the parties. Terms of the settlement were not disclosed.
Prior to settlement and for counts of violating the Americans with Disabilities Act and the Pennsylvania Wage and Collection Law, the plaintiff was seeking back pay, front pay, salary, pay increases, bonuses, insurance, benefits, training, promotions, reinstatement and seniority, punitive and/or liquidated damages, other equitable and legal relief as the Court deems just, proper, and appropriate, costs and attorney’s fees.
The plaintiff was represented by David Korsen, Andrew Olcese and Ari Risson Karpf of Karpf Karpf & Cerutti, in Bensalem.
The defendant was represented by Andrew S. Abramson of Abramson Employment Law, in Blue Bell.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-01971
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com