Morrison Mahoney Partner Carole Lynch prevailed in a four-day trial in Berkshire Superior Court on a handicap discrimination claim and a retaliation claim. (An age discrimination claim was dropped on the first day of trial, but continued to be an issue at trial.)

The plaintiff, who was 68 years old and a 25-year employee of our client, was diagnosed with colon cancer. The plaintiff alleged that our client visited her in the hospital following surgery and asked her if she had considered retirement. A few weeks later while she was recuperating at home and about to start chemotherapy, our client’s wife called her. The plaintiff claimed that our client his wife repeatedly mentioned retirement to her. She testified that after the last conversation in which our client mentioned retirement she was upset and confused, and as she was planning to return to work part-time the next week, went to see our client at his office and was assured that her job was secure. The following week our client terminated her employment for insubordination as he said that she was very confrontational during the visit.

The defense of the case was made unusually difficult by the fact that our client now suffers from dementia. Not only could he not remember some information, but he incorrectly admitted to some of the plaintiff’s false allegations.