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Question

Claus Smith worked for Rockwell International and was paid over $300,000 per year. Rockwell fired Smith for alleged sexual harassment of several workers, including his secretary, Terry Peters. Smith sued in United States District Court, alleging that Rockwell’s real motive in firing him was his high salary. Rockwell moved for summary judgment, offering deposition transcripts of various employees. Peters’ deposition detailed instances of harassment, including comments about her body, instances of unwelcome touching, and discussion of extramarital affairs. Another deposition, from a Rockwell employee who investigated the allegations, included complaints by other employees as to Smith’s harassment. In his own deposition, which he offered to opposed summary judgment, Smith testified that he could not recall the incidents alleged by Peters and others. He denied generally that he had sexually harassed anyone. The district court granted summary judgment for Rockwell. Was its ruling correct?

Submitted: 56 days and 10 hours ago.
Category: Legal
Value: $35
Status: CLOSED
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State/Country relating to Question: United States

Posted by Mary Meaden Esq 56 days and 10 hours ago.

Info Request

Hi. ddisa. I am working on your answer. I note that you checked two minutes ago -- please check back in about 15 mins or so and my answer will be posted. Thanks

56 days and 10 hours ago.

Reply

okay

56 days and 10 hours ago.

Reply

can u awnser the question in about 8 sentences and have it be a solid paragraph. thanks

56 days and 9 hours ago.

Reply

will you have an awnser soon?

Posted by Mary Meaden Esq 56 days and 9 hours ago.

Answer

Okay, here is the answer: "Yes, the court's ruling was appropriate. Under FRCP 56 Summary Judgement must be granted when there is not genuine issue of material fact in dispute. The court will view teh facts presented in the pleadings, motions, etc. in the light most favorable to the non-moving party (Smith), and in opposing the Motion, Smith may not rely on allegations or general denials in its own pleadings -- his response must set out specific facts showing a genuine issue for trial. Because Smith's deposition gives no facts or proof regarding why he believes he was terminated over the high pay issue and otherwise offers only vague denials and otherwise non-specific information, his claim for wrongful termination based upon the high pay issue must fail." <<< END OF ANSWER >>> Now, I just want to alert you generally that Rockwell could have also brought a lack of jurisdiction claim to have the case kicked over to state court. Smith's claim of "discrimination" based upon his high salary should not have been brought in federal court -- the only employment discrimination claims that can be brought in federal court are those where the plaintiff is alleging that he/she was terminated due to race, age, handicap, national origin, color, religion, genetics or sex (gender). However, by using the Summary Judgment Motion, the case gets kicked out of court entirely (I add this last bit in in the event that your teacher/professor asks about the federal discrimination laws and protected classes (Smith is NOT a protected class, according to these facts -- he is simply suing over the high pay issue). I Hope that helps! GOOD LUCK.

56 days and 9 hours ago.

Reply

so the awnser to the question ends at "wrongful termination based upom the high pay issue must fai;" the rest is just for me right?

56 days and 8 hours ago.

Reply

let me know asap and ill gladly accept. thank you

Accepted Answer

Yes. That's where the answer ends. The rest is for you in case it comes up with the teacher or in class.

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Expert: Mary Meaden Esq
Pos. Feedback: 99.6 %
Accepts: 
Answered: 9/27/2009

Attorney

12 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law

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