FEDERALCourt of Appeals for the Eleventh Circuit
1998

76 Fair empl.prac.cas. (Bna) 226, 72 Empl. Prac. Dec. P 45,191, 11 Fla. L. Weekly Fed. C 1069 Jerry E. Tidwell, Plaintiff-Appellee-Cross-Appellant. v. Carter Products, Defendant-Appellant-Cross-Appellee

135 F.3d 1422Court of Appeals for the Eleventh Circuit • Decided 1998Remanded
Liquidated DamagesCited 71 times

HOLDING

Jerry Tidwell, a 50-year-old sales manager, sued Carter Products for age discrimination after being fired during a reduction-in-force. The court ruled that Tidwell didn't present enough evidence to prove the company's stated reason for firing him was false. The appeals court sided with Carter, finding that without solid proof of discrimination, the employer's explanation for the layoff stood. For subcontractors, this means if you're let go during a RIF, you'll need strong evidence—like showing younger workers were kept—to win an age discrimination claim.

KEY FINDINGS

Liquidated Damages

Simply being older and fired isn't enough to win a discrimination case; you must prove the employer's stated reason (like RIF) is a lie

FULL COURT OPINION