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Senske v. Sybase, Inc.

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ARGUED SEPTEMBER 24, 2009

Before BAUER, KANNE, and EVANS, Circuit Judges.

In 2005 Robert Senske was fired from his position as a high-ranking sales manager with Sybase, Incorporated, a software and systems-management company with an office in Chicago. Sybase says it fired Senske because a client complained about his performance and because he was dilatory in completing required paperwork, was persistently tardy for meetings, and was not a team player. Senske says he was fired because his manager considered him too old. Senske sued Sybase under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq., alleging that Sybase concocted fictional reasons to fire him in an attempt to disguise age discrimination. The district court concluded that no reasonable jury could find that discrimination, rather than Senske’s performance deficiencies, was the root cause for Senske’s termination and granted summary judgment to Sybase. Senske appeals.

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