Employee fired for shoulder shrug gets thumbs-up on age claim from court

A recent decision from the U.S. 5th Circuit Court of Appeals in New Orleans (whose rulings apply to all Louisiana employers) underscores the importance of adhering to established disciplinary procedures and avoiding knee-jerk reactions. The appeals court revived an employee's age discrimination claim after it was dismissed by the trial court, even though he did not provide any evidence linking his age to his discharge. The court concluded that the employee's unblemished disciplinary record and the discharging supervisor's failure to adhere to company protocol were enough to send the claim to trial. Let's take a look at the case as well as some best practices so you can avoid this situation.

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