Carol Lorenz was employed by Tyson Foods,
Inc., in Cherokee, Iowa, from October 1985 until December 6, 2012, when her
employment was terminated. She was 62 years old at the time of her discharge.
Tyson acknowledges that Lorenz performed her job duties competently but notes
that her record included some behavioral and attendance issues. For instance,
in October 2012, Lorenz signed a Management Support page 616 Attendance
Notification that itemized three alleged instances of tardiness during 2012.
The document notes that Lorenz was just one attendance notification short of
being discharged.
Carol Lorenz was employed by Tyson Foods,
Inc., in Cherokee, Iowa, from October 1985 until December 6, 2012, when her
employment was terminated. She was 62 years old at the time of her discharge.
Tyson acknowledges that Lorenz performed her job duties competently but notes
that her record included some behavioral and attendance issues. For instance,
in October 2012, Lorenz signed a Management Support page 616 Attendance
Notification that itemized three alleged instances of tardiness during 2012.
The document notes that Lorenz was just one attendance notification short of
being discharged. On December 5, 2012, Lorenz was late again, this time by less
than two minutes. She contends that she stubbed her toe that morning with
enough force to make her believe she may have broken it. She did not call Tyson
to report that she would be late but did explain the situation when she
arrived. The following day, Lorenz was advised that she was being discharged
because she had exceeded the maximum allowed tardiness. Lorenz had worked for
Tyson for 27 years at the time her employment was terminated. Lorenz alleges
that the tardiness was a pretext for age discrimination. Does she have a claim
under the ADEA? What must she show to determine that her firing was a pretext
for age discrimination? [Lorenz v. Tyson Foods, Inc., 147 F. Supp. 3d 792 (N.D.
Iowa 2015).]
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