Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Rabo v. Rainbow USA Inc.

Termination Decision Predated FMLA Leave Request, Renders FMLA Retaliation Claim False

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER Plaintiff Hatem Abd El Nabi Abd Rabo (“Rabo”) brings this action pursuant to the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§2601, et. seq. and New York City Human Rights Law, Admin. Code §8-107, et. seq., against Defendants Rainbow USA, Inc., Rainbow Apparel Distribution Center Corp. (collectively, “Rainbow”), Adin Goldberg (“Goldberg”), Hazem Yousef (“Yousef”), and Jacques Salama (“Salama”). Compl. 1, Dkt. 1. Before the Court is Defendants’ motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Dkt. 23. For the reasons stated below, the motion is GRANTED in part and DENIED in part as moot. BACKGROUND Rainbow operates more than 1,000 clothing stores within the United States, Puerto Rico, and the U.S. Virgin Islands. Compl. 13. Goldberg was hired by Rainbow in March 2011 as a Senior Vice President and Chief Human Resources Officer. Defs.’ Local Rule 56.1 Statement of Undisputed Facts (“DSOF”) 9, Dkt. 24; Pl.’s Opposition to DSOF and Pl.’s Counter 56.1 Statement (“PSOF”) 9, Dkt. 32. Yousef was hired in 1990 and in the early 2000s was promoted to Director of Stores and Vice President of Operations. DSOF 12; PSOF 12. Salama was hired around 1982-1983 and promoted in 1999 to Regional Manager. DSOF 16; PSOF 16. Plaintiff was hired by Rainbow about the end of 2005 as a Store Manager. DSOF 20; PSOF 20. After voluntarily leaving Rainbow around the end of 2006, Plaintiff was rehired by Rainbow as an Area Manager in February 2008. DSOF

22-23; PSOF

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs