Seventeen months after filing a lawsuit alleging that Infosys had subjected him to harassment and retaliation following his whistleblower claim of rampant visa and tax fraud within the company, Jay Palmer is set to take the case to trial after a mediation conference today failed to result in a settlement.
At the court-mandated mediation conference in the federal courthouse in Montgomery, Ala., Palmer’s attorney, Kenny Mendelsohn, and attorneys representing Infosys, met behind closed doors with U.S. Magistrate Judge Charles S. Coody to determine whether the case could be settled rather than proceed to trial on the scheduled trial date of Aug. 20. I spoke with Mendelsohn shortly after the mediation conference ended, and this is what he told me:
The case did not settle, and Jay and I are looking forward to the trial on the 20th. The mediation was unsuccessful, and we’re now preparing for trial, starting this afternoon.
Infosys did not immediately respond to a request for comment on the development. As I reported yesterday, the position that Infosys had presented to U.S. District Court Judge Myron H. Thompson at a July 3 pretrial hearing was complete denial that any harassment or retaliation whatsoever had taken place.
Yet to be determined is the outcome of the U.S. government’s criminal investigation of alleged visa and tax fraud at Infosys that was sparked by Palmer’s lawsuit. Today’s development has no bearing on that investigation.