Jury should hear discrimination suit filed by fired ‘salesman of the year’

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The reasons a company gave for firing its most productive salesman – who also happened to be its oldest – raise potential credibility issues, the 7th Circuit Court of Appeals ruled Thursday. The judges decided the salesman’s age discrimination lawsuit should proceed to a jury.

The appellate court reversed summary judgment in favor of Temco Machinery Inc., which makes custom fire trucks and other rescue equipment, on John Mullin’s lawsuit. Mullin was 56 when the company fired him because, according to the CEO, “we’re paying you too much for your sales.” The company also claimed that his sales performance had declined and he didn’t show up at events with clients. Mullin had received the company’s Salesman of the Year awards the two years prior to his firing.  

Just days after he and another salesman in his 50s were fired, Temco hired two inexperienced salesman in their 20s.

The District Court granted Temco’s motion for summary judgment on Mullin’s suit alleging violations of the Age Discrimination in Employment Act.

“A reasonable jury could conclude that Temco fired Mullin because of his age,” Judge Joel Flaum wrote in John W. Mullin II v. Temco Machinery Inc., 13-1338. “Mullin has put forth ample circumstantial evidence, including examples of suspicious timing and ambiguous statements. Moreover, each of Temco’s alleged reasons for firing Mullin is either genuinely contested, seemingly inaccurate, or both.”

Flaum pointed to the CEO’s claims that Mullin didn’t attend an event hosted by a fire department or show up at work to give a tour to a client. But Mullin refuted those claims with testimony from individuals that he was at the fire department event and he was present and gave the tour to the client.

Although some of the incidents Mullin points to, standing alone, would not suffice for Mullin to survive summary judgment, when considered together, “they point to a string of questionable conduct, from the suspicious timing of personnel decisions to ambiguous statements about age to multiple seemingly inaccurate allegations,” Flaum wrote.

The case is remanded for further proceedings.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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