Age Discrimination Plaintiff Failed To Establish Poor Sales Performance Was Pretext For Termination
In this case, a terminated employee brought an age discrimination action against his former employer. The United States District Court granted summary judgment in favor of the employer. On appeal, the 8th Circuit affirmed, holding that: (1) the employee made out a prima facie case of age discrimination; (2) the employee's poor sales performance was a legitimate reason for placing the employee on a development plan; and (3) the employee's failure to meet the requirements of the plan was not a pretext for discrimination.
Riley v. Lance, Inc.
The 8th Circuit Court of Appeals’ jurisdiction includes North Dakota, South Dakota, Minnesota, Nebraska, Iowa, Missouri and Arkansas.