After two years of litigation, on April 19, 2019, United States District Court Judge John A. Mendez granted Summary Judgment for KHIP’s longtime client, Rite Aid, and entered Judgement in Rite Aid’s favor. The Court ruled on the papers alone and found that oral arguments were not necessary. The Plaintiff initially filed a lawsuit in Sacramento County Superior Court, but the matter was removed to federal court. Plaintiff Peter Tenerelli, a former pharmacy district manager at Rite Aid, sued for age discrimination, wrongful termination in violation of public policy, violation of the California Whistleblower Protection Act, breach of the implied covenant of good faith and fair dealing, breach of employment contract, and intentional infliction of emotional distress. The court held that “[Plaintiff] fails to establish Rite Aid’s reason for terminating him was pretextual. Indeed, it is undisputed that Rite Aid’s reason for terminating [Plaintiff] was his admitted statement regarding shooting a gun at work.” The court further dismissed the contract related claims because “[c]ontrary to [Plaintiff’s] unsupported assertion, it is undisputed that he was an at-will employee and he never received anything in writing from Rite Aid changing that status.”
Congratulations to Jonathan Allan Klein, Sweta H. Patel and Anne F. Marchant for securing a tremendous victory for their client just two months before trial! A copy of the Order granting Summary Judgment is attached here. MSJ GRANTED.