Best Discrimination Attorneys in Charlotte, NC

What it Takes to Win an Age Discrimination Case in North Carolina and South Carolina. The Fourth Circuit Court of Appeals (covering North Carolina and South Carolina) upheld a plaintiff's verdict in Westmoreland v. TWC Admin. LLC, No. 18-1600 (4th Cir. 2019). A fiery dissent has people talking. In it, Judge Niemeyer proclaims: "Congress would croak to learn that the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., would entitle an employee to recover in the circumstances of this case. I too croak, in harmony." But was anything really that objectionable about upholding the jury’s award for Ms. Westmoreland? The court upheld a verdict for Westmoreland in her lawsuit against Time Warner Cable. The Company said its sole reason for firing Westmoreland was her direction to another employee to change the date on a form. This presented “a lot of trust and integrity issues.” But the Company had no prior issues with Ms. Westmoreland’s “integrity.” Defendant admitted it could have applied less serious discipline, but chose not to. The Company did not discipline the substantially younger subordinate involved in the same incident. Further, the Company first told Westmoreland that the infraction was not a big deal, but then reversed course and fired her over that very conduct. The only evidence required in this stage of the case is that which would allow a reasonable juror to disbelieve the employer’s explanation. Westmoreland’s win should be no surprise.