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Everroad v. Scott Truck Sys., Inc., 7th Cir., No. 08-3311, May 10, 2010

Articles Discussing Case:

Insubordinate Employee Does Not Meet Employer’s Legitimate Expectations.

Ogletree Deakins • June 01, 2010
Unless an individual can prove that she is meeting the expectations of her employer, that individual cannot set forth the prima facie case necessary to support a claim of workplace discrimination. The 7th U.S. Circuit Court of Appeals has found that an employee who was fired for insubordination was not meeting an employer’s legitimate business expectations after she engaged in arguments with her co-workers, the general manager, and the owner of the business. The Court further found that the insubordination was a non-discriminatory reason that overcame the employee’s claim that her termination for insubordination was a “pretext” for discrimination.