TEAM appeals court's decision
Lu Ann Hurd-Lof
Park Rapids Enterprise - 09/05/2006
TEAM Industries is appealing Judge Jay D. Mondry’s decisions in the age discrimination case brought by Edward LaBonte.
In February, Mondry found in favor of LaBonte, awarding him front and back pay of $254,250 plus attorney’s fees.
TEAM filed a motion for a new trial or amended findings March 8.
Mondry found for LaBonte again. In June, the judge issued an order denying the motion for a new trial and awarding LaBonte’s attorney fees and costs of $237,494.
The appeal challenges all aspects of the case from the award of pay to whether or not LaBonte’s layoff was justified.
LaBonte had been employed as a machine operator for approximately five years and was 60 at the time of layoffs at the Park Rapids plant April 7, 2003. Of 32 people terminated at that time, 21 were 40 years old or older. One expert, who testified during the trial, said the odds of an employee being terminated increased along with the employee’s age.
In addition, the court record states that while approximately 67 percent of the county’s available workforce is over age 40, only 44 percent of TEAM’s workers were in the over 40 group, even prior to the terminations.
TEAM claims the layoffs were nondiscriminatory and were necessary due to a work slowdown. Further, TEAM claimed LaBonte’s efforts to find another job were less than adequate so he should not have been awarded front and back pay.
Mondry ruled that LaBonte was not required to take any position that was offered. “Finding suitable employment in Park Rapids cannot be compared to finding employment in the Twin Cities,” Mondry determined. He also ruled that TEAM provided no evidence that LaBonte turned down positions or hesitated to secure subsequent employment.
Last week, LaBonte’s attorney, Stephen Cooper, Minneapolis, said TEAM has raised no new arguments in the appeal.
“The evidence (for LaBonte) is overwhelming,” and the statistics bear that out, Cooper said. “They definitely don’t like or accept the outcome.”
Although TEAM has the right to appeal, Cooper said the situation seems to be they don’t understand the problem. “It’s not unusual for companies to take it (an adverse ruling) as a learning opportunity and go forward. In this case, TEAM refuses to accept the facts.
“It’s unfortunate that we have to go through the process,” Cooper added.
It could be six to eight months before the case is decided, Cooper said.
