A recent case from a Chicago federal court is a good reminder that just because you can make a particular argument in defense of a lawsuit doesn’t mean that you should. In Summers v. Electro-Motive Diesel, Inc., Case No 13C1312 (N.D. Ill. May 19, 2015), an employee who had worked for her employer for 40 years was fired, along with a number of other employees. The employee sued for age discrimination. As a reminder, employees must meet the high standard that “but for” their age, they would not have been fired. In its motion for summary judgment, the company insisted the employee had been dismissed as part of a reduction in force (RIF). The only problem was that the company had hired a younger employee (who was not RIF’d) into the same job just three months before the supposed reduction, and the employer also hired another younger employee into the same job just six months after the supposed reduction. Faced with those undisputed material facts, the court still might have ruled for the company if only the company had told the employee that she was being released as part of the RIF. Instead, the employee’s supervisor told her that her “skill set” was not one the company wanted to keep. Therefore, the court rejected the company’s summary judgment motion, giving the green light to the employee to take her case to trial. In the end, it is possible that the company will convince a jury that the employee’s separation had nothing to do with age. And, in the end, sometimes a “kitchen sink” approach is the right way to defend a lawsuit. Sometimes it is not. Summers makes clear in any event that employers must have all of their ducks lined up in a row when it comes to RIFs and terminations, and that consulting with legal counsel throughout the process is advisable.
This Should Go Without Saying: Replacing an Older Worker with Two Younger Workers is Not Consistent with a Reduction in Force Defense
RELATED ARTICLES
COVID-19 False Alarm Triggers Tipped Worker Collective Action
July 23, 2020 | Currents - Employment Law
In a Culture of Inclusiveness, Don’t Overlook Age
June 1, 2018 | Employment Discrimination, Currents - Employment Law
More on Medical Marijuana – Will Ohio Protect Employers’ Zero-Tolerance Policies?
May 1, 2018 | Employee Health Issues, Currents - Employment Law
Goals for the New Year: Prevent and Better Defend Employment Claims
January 8, 2018 | Employment Discrimination, Employment Lessons, Currents - Employment Law
Teacher’s ADA, Age Discrimination Claim Given New Life by Sixth Circuit
September 22, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
COVID-19 False Alarm Triggers Tipped Worker Collective Action
July 23, 2020 | Currents - Employment Law
In a Culture of Inclusiveness, Don’t Overlook Age
June 1, 2018 | Employment Discrimination, Currents - Employment Law
More on Medical Marijuana – Will Ohio Protect Employers’ Zero-Tolerance Policies?
May 1, 2018 | Employee Health Issues, Currents - Employment Law
Goals for the New Year: Prevent and Better Defend Employment Claims
January 8, 2018 | Employment Discrimination, Employment Lessons, Currents - Employment Law
Teacher’s ADA, Age Discrimination Claim Given New Life by Sixth Circuit
September 22, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
The Age Discrimination in Employment Act Turns 50
June 8, 2017 | EEOC, Employment Discrimination, Currents - Employment Law
Unwise Old Sayings? Watch Out For Stereotypes That Might Trigger An Age Discrimination Lawsuit
March 9, 2017 | Employment Discrimination, Currents - Employment Law
Drill Deeper Than “Fit” as Reason For Termination
January 26, 2017 | Employment Lessons, Currents - Employment Law
Court Provides Roadmap for Managing 'Intolerable' Behavior From Employee with Disabilities
July 8, 2016 | Employee Health Issues, Currents - Employment Law
55-Year-Old Employee Fails to Establish Age Discrimination Claim against 3D Printing Company
May 10, 2016 | Employment Discrimination, Currents - Employment Law
University of Iowa Wins Trial Against Immigration Lawyer Claiming Age Discrimination
March 31, 2016 | Employment Discrimination, Currents - Employment Law
Nothing Could Be Finer Than To Incorporate In Carolina . . .
December 22, 2015 | Employment Discrimination, Currents - Employment Law
Medical Marijuana Users Get Smoked by High Court of Colorado
June 17, 2015 | Employment Discrimination, Currents - Employment Law
In California, You Can’t Pick Your Supervisor
June 4, 2015 | Employee Health Issues, Currents - Employment Law
A Reminder from the NLRB to Scrutinize Your &!^@$) Policies
May 26, 2015 | Social Media and Technology, Currents - Employment Law
Supervisors Are Employees Too … to the Tune of $6.6 Million
April 29, 2015 | Employment Discrimination, High Stakes Employment Issues, Currents - Employment Law
Supervisor’s Statement Precludes Summary Judgment
January 30, 2015 | Employment Discrimination, Currents - Employment Law
THREE MOST UNDERUTILIZED EMPLOYMENT LIABILITY PREVENTION TOOLS
December 29, 2014 | Letter of the Law, Currents - Employment Law
The Importance of Documentation in Defending A Termination Decision
October 24, 2014 | Employment Lessons, Currents - Employment Law
Don’t Mess With Texas…Roadhouse
October 13, 2014 | EEOC, Employment Discrimination, Currents - Employment Law
What’s In Your RIF?
September 17, 2014 | Employment Discrimination, Currents - Employment Law
Age Discrimination and Technology: Don’t Take a “Mechanized” Approach
July 3, 2014 | Employment Discrimination, Letter of the Law, Currents - Employment Law
How much can a Facebook post cost you? About $80K
February 27, 2014 | Social Media and Technology, Currents - Employment Law
Reference to Employee’s “Shelf Life” Not Enough to Prove Age Discrimination
November 18, 2013 | Employment Discrimination, Currents - Employment Law
Informal Layoff Decision Survives Age Discrimination Claim - But You May Not Want To Try This At Home
October 30, 2013 | Employment Discrimination, Currents - Employment Law
U.S. Supreme Court to Kick Off New Term With Age Discrimination Issue
October 2, 2013 | Employment Discrimination, Currents - Employment Law
You May Have More Employees Than You Think (Part II)
August 26, 2013 | Employee Health Issues, Employment Discrimination, Currents - Employment Law
Be Careful What You Say
July 17, 2013 | Employment Discrimination, Currents - Employment Law
Inconsistent Treatment Of Employees Gets You Every Time
April 24, 2013 | Employment Discrimination, Currents - Employment Law
Pennsylvania District Court Conditionally Recognizes Novel “Over-50” Class
July 24, 2012 | Employment Discrimination, Currents - Employment Law
RELATED PRACTICE AREAS
Subscribe
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.
View Subscription Center