First Circuit Holds That Employer’s Shifting Explanation for Termination Was Sufficient to Raise Jury Question in Age Discrimination Case

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A recent decision by the Court of the Appeals for the First Circuit is a reminder that employers should carefully and thoroughly articulate their reasons for terminating an employee at the time of the termination. In Velez v. Thermo King de Puerto Rico, Inc., the Court reversed a district court’s grant of summary judgment to the employer in an age discrimination case because, in its view, the employer had changed its explanation for the plaintiff’s termination.

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