On Eve of Mediation Conference, Infosys Remains in Defiant Denial

Don Tennant

As the attorneys for Infosys and for whistleblower Jay Palmer gear up for Tuesday morning’s mediation conference, a court-mandated effort to determine whether Palmer’s lawsuit against the company can be settled before the Aug. 20 trial date, the tack Infosys is taking is to firmly deny the allegations.

In a court document filed last week in the U.S. District Court for the Middle District of Alabama, Judge Myron H. Thompson detailed the proceedings of the pretrial hearing that was held on July 3. In that document, Judge Thompson summarized Infosys’ position as follows:

Infosys denies that it breached any contract with the plaintiff or that it committed any tortuous conduct toward the plaintiff. Its legal arguments are set forth fully in the pending motion for summary judgment and for the sake of brevity they will  not be repeated here. Instead, Infosys incorporates by reference its briefing on its motion for summary judgment.

In addition to the positions set forth in the summary judgment briefing, Infosys denies that the plaintiff is entitled to an award of punitive damages, as he cannot prove facts sufficient to support such an award under applicable law. Furthermore, any award of punitive damages is subject to all common law, statutory, and constitutional principles and limitations, and Infosys reserves the right to challenge any award of punitive damages at the appropriate time.

As for the factual allegations set forth herein by the plaintiff, Infosys denies that it threatened, harassed, or discriminated or retaliated against Palmer. Infosys denies that it threatened to terminate Palmer if he gave his laptop computer to law enforcement authorities. Infosys denies that it wrongly accused Palmer of being a liar, or that it shut him out of the Infosys system. Infosys denies that it has refused to pay Palmer bonuses. Indeed, Palmer admits that he has received bonuses throughout his employment with Infosys, and that he is currently making more money than he has ever made in his life.

In the document, Judge Thompson noted that jury selection and trial of the case, which is to last four days, are set for Aug. 20 at 10:00 a.m. in the United States Courthouse in Montgomery, Ala.

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