Age Discrimination Summary Judgment Overturned

 

In Acevedo-Parrilla v. Novartis Ex-Lax, Inc. Docket 10-2276, October 10, 2012, the 1^st Circuit Court of Appeals overturned the district court’s grant of summary judgment in an age discrimination in violation of the Age Discrimination in Employment Act claim. On appeal the Appeals court noted that inconsistencies between the Company’s stated reasons for dismissal and the Plaintiff’s performance record together with that fact that the company took no disciplinary action against the Plaintiff’s younger replacement for similar conduct was sufficient to show pretext. The Court held that there was sufficient evidence presented on summary judgment from which a jury could draw the permissible inference that the Company’s claimed reasons for terminating the Plaintiff were pretextual and that the decision was a result of discriminatory animus.

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Ryan Paulus
Attorney
Paulus Law Firm

Former Coach Mike McQueary of Penn State University Files Whistleblower Suit Against University

Former Penn State University Assistant Coach Mike McQueary has filed suit against the University alleging that he was terminated because he was effectively a whistleblower in the Sandusky case. It is well known at this point that McQueary saw Sandusky engaging in illegal actions at the football facilities and reported the incident to Head Coach Joe Paterno. McQueary also reported the incident to ivestigators from the Pennsylvania Attorney General's Office.

McQueary is alleging that he was the only the Penn State Assistant Coach to not be allowed to interview when now-Head Coach Bill O'Brien took over after Paterno's resignation. Essentially, McQueary is alleging that he was wrongfully terminated for whistleblowing, which is a practice that public policy encourages.

Both Missouri and Kansas have adopted causes of action for Wrongful Termination in Violation of Public Policy. Several practices, including whistleblowing, are considered to be viable causes of action, although this is an area of law that is rapidly evolving.

If you have been terminated for engaging in conduct that public policy would encourage or for refusing to take part in illegal conduct, please contact the Paulus Law Firm to see what rights you may have.

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Jordan Bergus
Attorney
Paulus Law Firm