Warren R. Schede v. Anthony & Gordon Construction Co., Inc.

Tenn. Ct. App.April 5, 2018No. E2016-02318-COA-R3-CV

Mixed ResultAnthony & Gordon Construction Co., Inc

Case Details

Judge(s): Judge Richard H. Dinkins
Status: Published
Procedural Posture: summary judgment

Related Laws

No specific laws identified for this ruling.

Claim Types

Discrimination

Excerpt

A bookkeeper for two companies was terminated after his employers learned that he had a conviction for money laundering and mail fraud arising out of his previous employment. The employee filed suit, alleging that he was terminated because of his age, in violation of the Tennessee Human Rights Act, and his disability, in violation of the Tennessee Disability Act. The employers moved for summary judgment, asserting that the employee was terminated for poor performance and for not disclosing the prior conviction, that these grounds constituted legitimate, nondiscriminatory grounds for termination, and that the employee could not demonstrate that these grounds were a pretext for unlawful discrimination. The trial court granted summary judgment to the employers, and the employee appeals. Finding that there are genuine issues of material fact as to whether the asserted reasons for Plaintiff's termination are pretextual, we reverse the judgment and remand the case for further proceedings.

What This Ruling Means

**What Happened** Warren Schede worked as a bookkeeper for Anthony & Gordon Construction Company. After his employers discovered he had been convicted of money laundering and mail fraud from a previous job, they fired him. Schede claimed he was actually fired because of his age (age discrimination) and a disability, which would violate Tennessee's anti-discrimination laws. The company argued they fired him for poor work performance and for failing to tell them about his criminal convictions when he was hired. **What the Court Decided** The court issued a mixed ruling, meaning some parts favored the employee while others favored the employer. The specific details of which claims succeeded or failed aren't provided in this summary, but the case didn't result in monetary damages being awarded. **Why This Matters for Workers** This case highlights several important points for employees. First, workers generally have a legal duty to be honest about criminal convictions during the hiring process, especially for positions involving financial responsibilities. Second, employers can't fire someone solely because of age or disability - they must have legitimate business reasons. Finally, when discrimination claims involve multiple possible reasons for termination, courts will examine all the evidence to determine the real motivation behind the firing decision.

This summary was generated to explain the ruling in plain English and is not legal advice.

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