Velez v. Girraphic Llc

Opinion

OPINION AND ORDER

Plaintiff Anthony Velez alleges that Defendant Girraphic LLC, his former employer, terminated him after he missed several days of work due to a respiratory infection, which might have been caused by COVID-19. Girraphic has filed a pre-discovery motion requesting that the Court either dismiss the case or grant summary judgment in its favor. Velez has moved to recover costs and fees pursuant to Rule 4(d) of the Federal Rules of Civil Procedure on the basis that Girraphic refused to waive service of process.

For the reasons stated below, the Court denies both motions in their entirety.

I. Background

A. Facts¹

Velez worked as a Senior Real Time Developer for Girraphic, a graphic design company based in Australia that delivers graphic and creative services, from June 10, 2019 until March 6, 2020. Dkt. 1 ("Complaint") ¶¶ 6, 8. Velez was an at-will employee, with a one-year contract that was set to expire on June 9, 2020. Id. ¶ 9. Girraphic paid Velez an annual salary of [*2]  $110,000. Id. Velez's employment contract required Girraphic to either give him two weeks' notice or pay him two weeks' salary if it sought to terminate his employment without cause. Id. However, the contract did not require Girraphic to give prior notice of termination if Velez committed "serious or repeated misconduct" as defined by the contract. Id. Velez contends that while at Girraphic he received his salary via direct deposit, but was never issued a pay stub. Id. ¶ 10. He further asserts that he learned in March 2020 that Girraphic had never paid any income tax to New York State or reported his New York earnings to New York State. Id.

Velez contends that he adequately performed in his role at Girraphic. He alleges that, while employed, he was not given a performance review, but was told that his work was "more than satisfactory," id. ¶ 13, and that, prior to March 4, 2020, he received "no substantive criticism of his work performance," id. ¶ 15. He states that he was "careful to meet any deadlines that were imposed on him in the busy workplace, and frequently worked into the evenings to ensure he completed what he needed to do before leaving the office." Id. ¶ 14.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.