In June of 2014, the United States Court of Appeals for the Sixth Circuit, heard a case involving a former employee who alleged that she was wrongfully terminated based on age discrimination in 2010. (See Flones v. Beaumont Health System, 2014 WL 2407557 (6th Cir 2014)). The district court had dismissed the case and now on appeal, this court affirmed.
The plaintiff had worked as a nurse anesthetist for the defendant for over 26 years. Id. But from November 2009 through March of 2010, she received three progressively serious plans of performance improvements. After the second one, plaintiff made age discrimination and hostile work environment complaints. After the third one, plaintiff was terminated. Id.
The violations she received were for using her personal cell phone will caring for a patient, setting up and to begin administering the wrong drug to a patient, and the ordering and administering of a blood transfusion without a doctor’s order; all in violation of the defendant’s policy. Id.
After plaintiff was terminated, she filed a charge of age discrimination and retaliation with the EEOC. Id. The district court found that the plaintiff presented no direct evidence of age discrimination. Id. Though there was one statement allegedly made, the court found that it was not related to the process of termination. And there was no evidence that the person who made the statement was involved in plaintiff’s termination. A Kentucky Age Discrimination and Retaliation had a tough case to prove.
Age discrimination is established when plaintiff shows 1) membership in a protected group, 2) qualification for the job in question, 3) an adverse employment action, and 4) circumstance that support an inference of discrimination. (cites omitted). This is what plaintiff’s Kentucky Age Discrimination and Retaliation lawyer had to prove.
But, the defendant offered several legitimate nondiscriminatory reasons fo the plaintiff’s termination which were all valid. The plaintiff could not rebut these.
As to the Kentucky retaliation count, the court dismissed this one as well. The Kentucky age discrimination and retaliation plaintiff had doctors who initiated her dismissal who were concerned with her performance and had no idea about any age discrimination matter.
If you have been the subject of a Kentucky Age Discrimination and Retaliation Case, please call and speak to a Kentucky Age Discrimination and Retaliation lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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