Incalza

I. FACTUAL AND PROCEDURAL HISTORY

In June of 1990, Giancarlo Incalza, a native and citizen of Italy with two years of business education, began working as INCALZA v. FENDI NORTH AMERICA 2515 a sales associate for Fendi in Rome. Approximately six months after his employment started, Fendi offered him a sales position in its New York City store. Paola Fendi, the head of the company, assured him that his employment would be secure as long as he continued to perform well. Incalza accepted the offer and moved to the United States on an E-1 visa secured with Fendi’s assistance.

Incalza worked at Fendi’s New York store from 1990 until 2000. During this period, the company renewed his visa sev- eral times. Management also made further assurances to him regarding his job security.

In August, 2000, Incalza was promoted to manager of Fendi’s Beverly Hills store. During his tenure in Beverly Hills, he consistently received positive performance reviews. There was considerable evidence, however, that his supervi- sor, Robert King, did not like him and would have liked to replace him.

In mid-2002, French nationals purchased a majority interest in Fendi. In January, 2003,…