In a recent case decided by the Sixth Circuit Court of Appeals (Michigan is in this district), the Plaintiff worked at a social services agency as their Director of Social Services. She had recently been hired and raised several complaints about management, including concerns that patient care and staff performance were inadequate. Over time, her internal concerns grew and eventually reached the Agency’s Executive Director. 

The Agency investigated these claims and determined that the Plaintiff had made baseless allegations against the organization, secretly recorded work meetings, was frequently late or absent, and told the HR VP that "she did not want to return to work." She was subsequently terminated from employment.  

The Plaintiff, Ms. Bashaw, sued with one of her subsequent claims being that the social service agency had retaliated against her for the pursuit of her concerns against the agency as well as a later claim of discrimination under Title VII of the Civil Rights Act and Ohio Revised Code addressing retaliation claims. The Agency defended itself arguing that its reasons for terminating her employment were due to her making unauthorized recordings of company meetings, her attendance problems, the Plaintiff stating to the HR VP she did not want to return to work, and a fourth reason the Court did not address that alleged the Plaintiff violated company policies around the discharge of a resident. The first reason of secretly recording the company meeting was alleged to increase the employer’s legal liability. 

The Court could not find any evidence of discrimination and moved on to the allegation of retaliation. Plaintiff argued these reasons were all pretextual to her claim of retaliation. The lower federal district court found that the employer’s reasons were not pretextual and held for the Defendant. On appeal, the Sixth Circuit reviewed the lower Court's decision and upheld it. They held that the Defendant’s reasons for termination were all legitimate. With the Sixth Circuit’s reasoning, each of the Defendant’s reasons for termination were truthful.  The Court went on to further state that the surreptitious recording of company meetings alone would have been sufficient. 

This decision reinforces employer’s need to have solid reasons behind a termination. Claims of retaliation are an easier complaint to prove that an allegation of discrimination. This case, however, shows that an employer’s solid reasons for a termination will not only successfully defend it against a claim but can get the complaint thrown out in summary disposition, which is less expensive than a full trial.  

Source: Sixth Circuit Court of Appeals, Kirstyn Bashaw v. Majestic Care of Whitehall, LLC No.24-3292 (3/5/2025)