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Woman fails to establish age or sex discrimination as reason for termination

A plaintiff who claimed that her employer discriminated against her based on age and sex when it terminated her position failed to establish her prima facie case. Defendant-API established that it used the "same procedures to determine which positions to eliminate . . . without regard to the age or sex of the persons occupying the position[,]" and plaintiff-McCarthy offered no "evidence suggesting that API singled her out or that its proffered reason for terminating her position was pretextual." Her claim for failure to furnish documents as required under ERISA also failed because she did not "trigger ERISA's disclosure requirements" - she did not send the requests to any of the correct addresses she was provided. However, the court reversed the grant of summary judgment to API on McCarthy's fraudulent inducement claim under Ohio state law, concluding that she presented sufficient evidence to create a genuine issue of material fact. API now acknowledged that she "was in fact eligible to receive post-retirement healthcare benefits in August 2008, when she was given the option to retire or to enter the Employment Opportunity Pool." She offered "uncontroverted testimony that she would have chosen to retire in August 2008, rather than participate in the Employment Opportunity Pool, had API told her that she and her husband would receive post-retirement healthcare benefits." Thus, she "could have retired with benefits and a lump-sum termination payment in August 2008, and instead she continued to work until May 2009 without receiving additional compensation." As to her FLSA claim, under the CBA, "the payments that API made . . . were not drawn from 'an existing severance obligation or a set-off to a severance obligation,' as she contends. To be sure, the evidence now shows that she could have received full healthcare benefits and an immediate, lump-sum termination payment had she chosen option one, but that simply means she made an unfortunate choice. McCarthy might be able to show that API fraudulently induced her to make the unfortunate choice, but she cannot import her fraud claim into a separate FLSA claim." API was entitled to summary judgment on her Ohio claims for promissory estoppel and unjust enrichment. Affirmed in part and reversed in part.

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

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