Mullin v. Temco Mach., Inc., No. 13-1338 (7th Cir. 2013)
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Mullin began selling fire trucks and rescue equipment in 1990. In 2006, the employer’s new owner took an account away from Mullin because of criticism by a fire chief. In 2008 and 2009, Mullin won awards for selling the most fire trucks during the preceding fiscal year. In 2009 Mullin’s sales represented 40% of the total number of fire trucks sold in Indiana. In 2009, the employer hired a new Vice President of the Indiana sales division, which was not meeting expectations. In 2010, the employer fired an Indiana sales associate who was in his 50s. Shortly thereafter, the company hired two men, ages 24 and 29, to perform the same contractual duties as Mullin; neither had industry experience. Mullin was subsequently fired. The CEO told Mullin that “[w]e are paying you too much.” In Mullin’s suit under the Age Discrimination in Employment Act, 29 U.S.C. 621, the district court granted the employer summary judgment. The Seventh Circuit reversed, noting that Mullin contested the company’s assertions of poor performance and “a string of questionable conduct, from the suspicious timing of personnel decisions to ambiguous statements about age to multiple seemingly inaccurate allegations.” Mullin put forth sufficient evidence that the jury should resolve factual and credibility questions.
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