Demotion Sparks Legal Battle
Persichini alleged that upon returning from leave, his supervisor expressed concern about his age, saying he was “getting up in years,” and immediately demoted him. Despite the dispute, Persichini remains employed with AutoZone.
In July, Judge O’Toole denied AutoZone’s motion for summary judgment on the retaliation claims, noting that the timing of the demotion on the day Persichini returned from medical leave was sufficient to support causation under federal and state law. The judge, however, dismissed the age discrimination claims because Persichini had not filed a timely charge with the Massachusetts Commission Against Discrimination.
Representatives for AutoZone and Persichini did not immediately respond to requests for comment.
Legal Representation
Persichini is represented by Christopher Waterman of Waterman Employment Law Group LLC. AutoZone is represented by Laurie M. Riley and Tracy E. Kern of Jones Walker LLP, and Sean F. McDonough and Christopher C. Storm of Morrison Mahoney LLP.
