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Viergutz v. Lucent Technologies, Inc., 6th Circ., No. 08-3626, unpubl., 4/23/10.

Articles Discussing Case:

Inability to get along with co-workers can be sufficient basis for adverse employment action.

Ogletree Deakins • May 17, 2010
Employers often are hesitant to discipline or fire an employee who is in a protected class, knowing that the potential for lawsuit can be higher in those circumstances. This issue was addressed directly by the 6th U.S. Circuit Court of Appeals in an unpublished opinion in which an employee failed to prove that the company’s reason for not re-hiring him after a layoff – that he was a “troublesome employee” – was a pretext for age discrimination.

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