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HR employee's wrongful discharge and discrimination claims are summarily dismissed

Linda Tate was laid off by Plastomer Corporation, along with a large share of the Plastomer workforce, in 2008.  Only the HR Director remained employed, and he was reduced to part-time without benefits.  In 2009, the company offered to re-employ Tate on a part-time basis, along with another administrative assistant.  Tate was on disability leave at the time and declined the offer.  Months later, she sought re-employment and was again offered a part-time position which she declined.  She then sued, alleging discrimination and a hostile work environment.

The Court of Appeals agreed with the trial judge that Tate could not prove that she was treated any differently than other similarly-situated HR employees or that economic down-turn was a mere pretext for her lay off.  It also concluded that her allegations about harassment in 2008 could not rise to a jury decision because she had not raised any of the issues with company management prior to her lawsuit.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
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