Back v. Nestle USA, Inc., No. 10-6028 (6th Cir. 2012)
Annotate this CaseBack was born in 1954 and began working at the food processing plant in 1998. Sometime before April 6, 2005, Hagerman, another Maintenance Team Leader, told Back that someone in human resources had told him that the company was planning to get rid of the three oldest employees and highest paid team leaders, a category that included Back and Hagerman. During the nine years that Back worked at the plant, he received both positive and negative reviews. His reviews became increasingly negative in 2006. Back was disciplined three times in 2006. One write-up specifically warned Back that he could be terminated for further problems. In 2007, Back was suspended for five days. Several weeks later, an explosion occurred at the plant and Back failed in his assignment to restart his line. Back was terminated, for stated reasons relating to history of failing to properly supervise his subordinates and his team’s history of failing to meet expectations. The district court rejected his suit under the Kentucky Civil Rights Act, Ky. Rev. Stat. 344.010 to 344.990, finding Hagerman’s statement to be inadmissible hearsay. The Sixth Circuit affirmed.
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