United States Eighth Circuit

In an action against former employer premised on claims of age discrimination and interference with employment benefits, summary judgment for employer is reversed and remanded in part where: 1) employee had adduced sufficient evidence to show accumulated misconduct may not have been true impetus behind his termination, but rather a pretext for interfering with his insurance benefits; and 2) viewed in concert with other evidence of pretext, the close temporal proximity between employee's notification and employer's termination supported an inference of retaliatory intent.

Appellate Information

• Decided 04/04/2008
• Published 04/04/2008

Judges

• BYE, Circuit Judge., Before BYE, RILEY, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kevin Holmes, Alma, AR, for appellant., Kevin Holmes, Newton Donald Jenkins Jr, Jenkins Law Firm, Alma, AR, for Plaintiff.


• For Appellees:
  
• Robert D. Kelly and Gregory T. Karber, Fort Smith, AR, for appellee., Gregory T. Karber, Robert D. Kelly, Pryor & Robertson, Fort Smith, AR, for Defendant.