Bank manager sues Capital One claiming ageism

By Carol Ostrow | May 27, 2015

A Smith County woman brought a lawsuit against her employer for alleged Age Discrimination Employment Act infringement in 2014.

Joyce Pettigrew of Hideaway filed against Capital One, National Association d/b/a Capital One Bank, doing business in Tyler in the Marshall Division of the Eastern District of Texas on May 19, claiming age discrimination dating to January 2014.

According to the filing, Pettigrew worked for the defendant at its Lindale, Texas location as branch manager for 14 years. The suit states that a supervisor made an ageist remark to the plaintiff in Jan. 9, 2014, that Pettigrew was placed on a performance improvement plan in February; and was asked in May if she was interested in retiring "graciously."

Pettigrew states that she told the supervisor she would consider the retirement offer, but did not accept it immediately due to concerns over insurance coverage. Following FMLA leave for surgery on May 19, the suit states, she returned to work June 9, 2014; was placed back on a PIP with allegedly unachievable goals; and was told the offer for early retirement was off the table.

The complaint states that Pettigrew resigned June 17, 2014, because she could not meet the PIP demands. The plaintiff asserts that she was replaced with a younger employee and was terminated due to her age, being 64 at the time.

The suit contends that Capital One failed to equalize employment conditions, adopting unreasonable and arbitrary performance standards in an effort to force her out. Pettigrew claims her employer intentionally inflicted emotional distress and cites past and future lost wages and benefits; emotional pain and suffering; inconvenience, humiliation, anguish, and loss of enjoyment of life.

The plaintiff seeks compensation; pre- and post-judgment interest; attorney’s fees; expenses, and costs.

She is represented by William S. Hommel Jr. of Hommel Law Firm in Tyler.

Marshall Division of the Eastern District of Texas Case 2:15-cv-00804-JRG-RSP.

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