Experience Faith C. Whittaker

Experience

Full Defense Verdict in Age Discrimination Allegations

Client: Cengage Learning, et al

We represented Cengage Learning, an educational content, technology, and services company for in an age discrimination suit. Janet Kerekes, who had been a long-time employee, filed a claim against Cengage for age discrimination after she was terminated for performance issues. After unsuccessful attempts at mediation and denial of summary judgment, the parties went through a seven day jury trial in Franklin County Court of Common Pleas. We successfully obtained a fully defense verdict for Cengage.

Successful Defense of Client in Age Discrimination Suit and Appeal

We represented AMPAC Plastics Inc., a plastics manufacturer, in the United States Court of Appeals for the 6th Circuit in a case regarding an age discrimination filing. The plaintiff filed an age discrimination suit after he was terminated for performance issues. The plaintiff, who was consistently top salesman at the company, failed to generate new business as opposed to fostering the growth of old business. He and a younger salesman were put on the same performance improvement plans, whereby they were both required to generate two new clients of a defined value each month.

While neither salesman technically generated two new clients a month, the younger salesman generated an extremely substantial client in one month. The plaintiff was terminated for non-performance while the younger employee was retained. As a result of his termination, the plaintiff filed an age discrimination suit.

After taking the plaintiff’s deposition and defending four witness depositions, we filed a Motion for Summary Judgment providing a multi-faceted argument. Our client was granted Summary Judgment on the plaintiff’s discrimination claims with the court agreeing with all facets of our defense.

After the plaintiff appealed the district court’s decision, the 6th Circuit affirmed the Southern District of Ohio’s decision to grant summary judgment in favor of our client on the plaintiff’s claims for age discrimination.

Sheri Blaney v. Cengage Learning, Inc.

Won summary judgment in the United States District Court for the Southern District of Ohio for age discrimination and retaliation.

Beverly Coda v. Thorntons, Inc.

Won summary judgment in the Butler County Court of Common Pleas for promissory estoppel, breach of contract, and gender discrimination.

Huber v. S&S Healthcare, et al

Obtained favorable settlement in the Southern district of Ohio on plaintiff's claims for ERISA violations, breach of contract, promissory estoppel, sex discrimination, good faith and fair dealing, and unjust enrichment.

Baldwin v. General Electric Co.

Obtained summary judgment in Hamilton County Court of Common Pleas in Ohio on two plaintiffs' claims for sexual harassment, assault, intentional infliction of emotional distress and obtained favorable settlement through private mediation on plaintiffs' claims for negligent retention and failure to provide unsafe workplace.

Mellon v. AseraCare

We defended AseraCare against a whistleblower claim from a former employee, who had worked as a home health aid and was terminated for her inappropriate behavior. The plaintiff brought claims under the Minnesota Fair Labor Standards Act (FLSA), the Minnesota Whistleblower Act (MWA) and a common law claim for defamation. We filed a motion for summary judgment on the plaintiff’s FLSA and MWA claims. We argued that the court should dismiss the plaintiff’s MWA claim because she did not present any evidence that she was actually aware of any illegal activity, which is a requirement under the MWA. Regarding the plaintiff’s FLSA claim, we argued that AseraCare did not have any knowledge of any of the hours the plaintiff supposedly worked off of the clock. We won summary judgment on the plaintiff’s MWA and FLSA claims. We later negotiated a favorable settlement on the defamation claims, enabling our client to move forward with their business with minimal damages.

Serednyj v. Beverly Healthcare LLC

Won in the United States Court of Appeals for the Seventh Circuit. The 7th Circuit upheld summary judgment in Defendant’s favor against claims for sex, disability, and retaliation under the Pregnancy discrimination Act, Title VII, and Americans with Disabilities Act

Xi v. Procter & Gamble Co.

Won summary judgment in the Hamilton County Court of Common Pleas against claims for wrongful termination against public policy and under the Ohio Whistleblower Act.

Sarvak v. Urban Retail Properties, LLC

Won summary judgment in the United States District Court for the District of Minnesota for whistleblower claims, wage and hour claims.