EXECUTIVE DIRECTOR OF SENIOR CENTER FIRED FOR TELLING THE TRUTH DURING DEPOSITION
/In the Media:
Michigan Lawyers Weekly: "Senior center director said township member got her fired -Defense wanted testimony precluded on basis of ‘privilege’" 09/23/2015
Description of Case:
EXECUTIVE DIRECTOR OF SENIOR CENTER FIRED FOR TELLING THE TRUTH DURING DEPOSITION
(The Case Resolved Against Defendant Senior Center through ADR for $160,000; but Case Against Primary Defendants, Flint Township of Barb Vert, Continues)
Plaintiff Linda Moore, worked as the Executive Director of Carman-Ainsworth Senior Center for 10 years. She loved her job. Even more important than the annual salary of approximately $50,000, her position allowed her to help the elderly people in her community enjoy a better quality of life.
When Linda Moore was subpoenaed to testify at a deposition in a case filed by a former employee, Linda took her oath seriously and answered the questions truthfully. The Defendants, primarily Flint Township and its Trustee/Board Member Barb Vert, were angry at Linda for speaking the truth. Defendant Vert thereafter became the moving force behind getting Plaintiff fired. Defendant Vert went to the Township Attorney seeking the deposition transcript, lobbied for the voting members of the Board to discharge Plaintiff, and successfully influenced the Board's decision to discharge Linda Moore. Linda Moore was also falsely accused of stealing money – but was totally innocent. Also, Linda Moore was singled out for selective enforcement of rules, dissimilar treatment compared to male employees, falsely perceived as disabled, and also retaliated against for opposing discrimination in the workplace. The Defense Counsel for Carman-Ainsworth Senior Center unsuccessfully sought to have testimony from the Township Attorney precluded on the basis of "privilege" – a privilege that did not exist.
After ADR, Defendant Carman-Ainsworth wisely settled a very dangerous case potentially worth approximately $400,000, against them for $160,000. Plaintiff accepted to avoid the possibility of sanctions. The primary part of the case against Defendant Vert, the troublemaker and moving force behind Plaintiff being wrongfully discharged, and her principal, Defendant Flint Township, now continue and is headed for trial.
Overview of Case:
Type of Action: WPA and ELCRA
Injuries Alleged: Wrongful discharge from approximately $50k/year executive director position
Name of Case: Linda Moore v. Carman-Ainsworth Senior Center., et al
Court: Genesee County Circuit Court
Case No: 14-102903-CZ
Tried Before: N/A
Name of Judge: Hon. Richard Yuille
Jury Verdict: N/A
Date of ADR Settlement: 8/24/15
Last Offer to Settle: Case against Carman-Ainsworth settled through ADR process
Most Helpful Experts: N/A
Allocation of Fault: N/A
Insurance Carrier: N/A
Attorney for Plaintiff: Tom R. Pabst, Michael A. Kowalko and Jarrett M. Pabst
Attorney for Defendants: Daniel Gwinn for Carman-Ainsworth; Stacey Belisle for
Flint Township
Key to Winning: Successfully arguing for the admissibility of statements Defendants' counsel sought to preclude by asserting "privilege" – where no privilege existed