JOHN GREENE V PREMARC CORP
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STATE OF MICHIGAN
COURT OF APPEALS
JOHN GREENE,
UNPUBLISHED
March 8, 2002
Plaintiff-Appellant,
v
Nos. 226270; 229603
Shiawassee Circuit Court
LC No. 99-002975-CL
PREMARC CORPORATION,
Defendant-Appellee.
JOHN GREENE,
Plaintiff-Appellee,
No. 229719
Shiawassee Circuit Court
LC No. 99-002975-CL
v
PREMARC CORPORATION,
Defendant-Appellant.
Before: Fitzgerald, P.J., and Hood and Sawyer, JJ.
FITZGERALD, P.J. (dissenting).
I respectfully dissent from the majority’s conclusion in docket number 226270 that there
was not sufficient evidence of discrimination to meet the shifting burden test because plaintiff
failed to meet his burden in demonstrating that defendant’s reasons for the termination were
pretextual. In my opinion, plaintiff presented evidence to support a finding that defendant’s
stated reason of poor work performance was a mere pretext for discrimination. Plaintiff
presented evidence that plaintiff’s performance evaluations were generally positive, that
defendant failed to follow a disciplinary system and allow plaintiff the opportunity to correct any
perceived deficiencies in his work performance, and that three other managers were demoted and
replaced by younger, less experienced managers. This evidence was sufficient to create a triable
issue of fact that defendant’s stated reason for plaintiff’s demotion is a pretext. Hence, summary
disposition was inappropriate and the case should have been submitted to the jury.
/s/ E. Thomas Fitzgerald
-1-
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