Cameron/McEvoy Obtains Dismissal on Behalf of Its Client in Federal Age Discrimination Case

Cameron/McEvoy defended Guident Technologies against a lawsuit brought by a former Guident employee alleging age discrimination and breach of contract, and obtained dismissals on all counts. The plaintiff, a 49 year old former salesman, alleged that Guident terminated him based on his age and was replaced with younger salesmen who were under the age of 40, and that Guident breached various employment contracts by failing to pay post-termination commissions and stock options.

Cameron/McEvoy successfully argued that the plaintiff failed to state a claim of age discrimination under the Age Discrimination in Employment Act (“ADEA”) because, as plaintiff admitted in an affidavit, he had no information regarding the age of his replacement or if the position remained open, a critical element of an ADEA claim. As to the other counts relating to the plaintiff’s stock options and commissions, Cameron/McEvoy successfully argued that plaintiff was not entitled to post-termination options or commissions based on the plain language of the contracts.

Judge Liam O’Grady of the Eastern District of Virginia ultimately dismissed the ADEA claim and all other claims with prejudice.