Employment

Age not a factor in termination, jury finds

The city of Corpus Christi didn’t terminate its major projects engineer because of his age, a jury found on May 13. In 2012, Armando Gutierrez, then 57, lost his job due to poor performance, according to the city. He claimed that he was replaced with a younger worker and poor performance was a pretext, arguing his supervisors had found his performance satisfactory up until the time of his termination. Defense counsel argued that Gutierrez had testified under cross examination that he had received a poor performance review prior to his termination. Defense counsel argued that Gutierrez’s replacement was 53 and therefore not young enough to constitute evidence of discrimination.

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