Kolesnikow v. Hudson Valley Hospital Center

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• defendant entitled to summary judgment because, even if plaintiff had shown defendant’s reasons were pretextual, plaintiff had not shown they were pretext for discrimination
• when an employee is fired for misconduct, it does not matter if the employer was correct, only if it had a good-faith basis for its conclusion that plaintiff was at fault
• “While there are cases in which FLSA plaintiffs have defeated summary judgment motions based on their own testimony, those plaintiffs have offered credible testimony approximating the number of hours they worked without pay’’
• “Similarly, the fact that the average age of the fourteen nursing assistants in Kolesnikow’s unit in November 2004 was 38, and that the average age had dropped to 37 by July 2006, is not probative of a bias against older employees.”
• “Where a plaintiff has been terminated for misconduct, the question is not whether the employer reached a correct conclusion in attributing fault [to the plaintiff] . . . , but whether the employer made a good-faith business determination.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).