by Michael Fox
And legally too, or at least that is what happened to a former bank employee who had complained that the bank president was engaged in a fraudulent scheme to allow friends to obtain SBA loans. Plaintiff's allegations that he was really terminated for his age was not supported by any evidence, either under the traditional Burdine shifting analysis or the Costa mixed motive analysis Trammel v. First Bank of Searcy (8th Cir. 9/23/03) [pdf]. All that plaintiff showed was that younger employees took over some of his work; he did not show that a similarly situated younger person was treated differently.