734-359-7018
Now Accepting New Clients!
Blog

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.

DIVORCE 45: Federal law preempts state law such that the parties’ consent judgment is unenforceable to the extent that it required defendant to reimburse plaintiff for the reduction in the amount payable to her due to his election to receive CRSC

BACKGROUND This case involves a dispute between former spouses who entered into a consent judgment of divorce (the consent judgment), which provided that defendant would pay plaintiff 50% of his military retirement benefits. Beyond that, the...

How to Choose a Criminal Defense Lawyer for a DUI

No one wants to be arrested, and if you are, especially for the first time, you can be very confused. Being arrested for Drunk Driving, Driving Under the Influence (DUI) or Operating While Intoxicated (OWI) - formerly Driving While Intoxicated (DWI)...

What does Client and Attorney Privilege Mean?

How much should you tell your lawyer? The fifth amendment protects U.S. citizens from incriminating themselves, but how does that work with your attorney. We get this question all the time. Many people have heard about attorney confidentiality,...

FAMILY LAW 50: A Michigan Court has jurisdiction to make an initial custody determination when it is the home state of the child on the date of the commencement of the proceeding or within 6 months before the commencement of the proceeding.

PROCEDURAL HISTORY  Plaintiff and defendant have twin sons, but never married.  On August 13, 2008, the Court of Common Pleas Juvenile Division in Montgomery County, Ohio established plaintiff as the legal father of the children and...

When You Should Contest a Will?

Wills usually go through without a problem. Well over 90% of wills have no issue making it through probate. However, there are several grounds you may have to contest a will. As a beneficiary, or someone who would gain from a will, there are legal...

What You Need to Know About Distracted Driving

A great U.S. freedom is the ability to drive the open roads. However, every year there are more than 20,000 car accidents in Michigan. Many of these accidents come from distracted driving and could have been avoided. Distracted driving is such a...

Reasons Your Will or Trust Could be Contested

Everyone reacts in their own way when a family member passes away. Emotions can run high, and people can react more strongly than they normally would. Some family members may feel cheated by what a will or trust grants them leading them to contest...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405