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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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