Lopez Rosado, Jose R v. Adt Security Services
KLAN202500127
Tribunal De Apelaciones De Pue...Mar 28, 2025Background
- José R. López Rosado filed a claim against ADT Puerto Rico LLC for unjustified dismissal under a summary labor procedure (Ley Núm. 2).
- López Rosado alleged he was unjustifiably terminated from his role as Technician II – Service on May 1, 2023, seeking severance and attorney fees under Ley Núm. 80.
- ADT asserted the dismissal was due to a company-wide reorganization and reduction in force, based on clearly defined business reasons including a reduction in business volume.
- The trial court granted summary judgment for ADT, finding López Rosado's dismissal justified based on performance metrics and company business decisions.
- On appeal, López Rosado argued procedural and substantive errors in the summary judgment process and ADT’s pleadings.
- The Court of Appeals affirmed the trial court’s grant of summary judgment to ADT, finding no genuine issue of material fact and proper legal justification for the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by allowing amendment of defenses | Amendments to defenses were impermissible | Defenses (justification for dismissal) were timely | No error; defenses properly raised |
| Whether certain factual findings were erroneous | Disputed findings relating to reduction, etc. | Facts supported by documentation and evaluation process | Factual findings were supported |
| Whether summary judgment was granted improperly | Summary judgment favored ADT unfairly | No genuine issue of material fact existed | Summary judgment was proper |
| Whether reduction in force was valid justification | Company had work; RIF not genuine or fair | RIF was part of nationwide, metrics-driven process | Reduction in force justified dismissal |
Key Cases Cited
- Birriel Colón v. Econo y Otro, 213 DPR 80 (Puerto Rico 2023) (explains the standards for summary judgment and non-moving party’s burden)
- Serrano Picón v. Multinational Life Ins., 212 DPR 981 (Puerto Rico 2023) (reiterates requirements for summary judgment)
- Rodríguez Gómez v. Multinational Ins., 207 DPR 540 (Puerto Rico 2021) (clarifies the burden of proof and elements in unjust dismissal claims under Ley Núm. 80)