(DOWNLOAD) "Hamilton v. Starcom Mediavest Group" by United States Court of Appeals for the Tenth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Hamilton v. Starcom Mediavest Group
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 11, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Cari Ann Hamilton brought suit against Starcom Mediavest Group, Inc., and Leo Burnett USA, Inc., alleging that they violated ERISA § 510, 29 U.S.C. § 1140 (2005), by terminating her employment in retaliation for exercising her right to claim disability benefits. The district court granted summary judgment to the defendants, concluding that (1) Hamilton failed to establish a prima facie case of retaliation, and alternatively, (2) she failed to make the required showing that defendants proffered reason for firing her - the reorganization and hiring of candidates with greater experience - was a pretext to retaliate against her. She now appeals the district courts grant of summary judgment in favor of defendants.We agree with the district courts second, alternative, finding and hold that Hamilton has failed to establish that defendants proffered reason for firing her was mere pretext, and accordingly AFFIRM the district courts grant of summary judgment.