An entire day of surgeries canceled. Patient safety jeopardized. Technical issues unresolved. These were just some of the problems that Tennova Healthcare faced, and they weren’t about to let them slide. Specifically, Three employees at Tennova Healthcare faced serious allegations of poor performance before their termination during a reduction in force (“RIF”). David Sullivan struggled with technical issues that caused an entire day of surgeries to be canceled. Charles Cummins’ primary responsibilities became obsolete after the hospital’s IT systems were upgraded, and he reportedly exhibited poor customer service skills. Darlene Robertson failed to respond promptly to a critical backup problem, creating risks for patient data. These performance issues became central to the employer’s decision to let them go
When the hospital’s IT team couldn’t keep up with new technology, management took action, resulting in the termination of three employees during a RIF. Those employees sued, alleging age discrimination. But the United States Court of Appeals for the Sixth Circuit wasn’t convinced, ruling that Tennova had legitimate reasons for the layoffs.
When these employees lost their jobs, they filed a lawsuit alleging age discrimination under the Age Discrimination in Employment Act of 1967 (“ADEA”). But the United States Court of Appeals for the Sixth Circuit held that “the ADEA prohibits an employer from discriminating against an employee because of such individual’s age. 29 U.S.C. § 623(a)(1).” The Sixth Circuit Court of Appeals then noted that managers can still prioritize patient health, data security, and overall performance when deciding which employees must leave during a reorganization. If the real reason for a firing is that the worker cost the hospital time and money, or placed patient safety at risk, that decision is legally permissible—even if the worker happens to be older.
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What Is a Reduction in Force?
A reduction in force (“RIF”) occurs when an employer permanently eliminates positions to improve operational efficiency, cut costs, or adapt to structural changes within the organization. Under the Age Discrimination in Employment Act (ADEA), employers cannot use a RIF as a pretext for age discrimination. The ADEA requires that layoffs be based on legitimate, non-discriminatory factors, such as performance metrics or business necessity. Employers must also ensure their processes are neutral and applied consistently to all employees, regardless of age. Failure to adhere to these standards can lead to legal liability under the ADEA. Under the ADEA, employers conducting a RIF are required to provide employees with a detailed list identifying the job titles and ages of all individuals selected for termination, as well as those retained in the same job category or organizational unit, to ensure transparency and compliance with anti-discrimination laws.
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Does an Employer Have the Right to Fire Older Employees Who Struggle With New Systems?
You might wonder whether your boss can let you go if you do not keep pace with ever-evolving technology. The answer is yes—if the decision rests on legitimate factors like skill gaps and serious performance breakdowns. In Tennova Healthcare, hospital leadership brought in Kevin Myers to modernize IT operations. Myers observed that certain older personnel struggled with a new software platform and had difficulty performing under pressure. When it became necessary to trim the department, he looked at performance metrics, including reliability, communication, and adaptability.
The Sixth Circuit Court of Appeals holding highlights that these evaluations can lawfully form the basis for termination, even during a major restructuring, so long as they are not just excuses to hide discrimination. For instance, Myers reported that Sullivan’s technical missteps shut down hospital surgeries—a clear detriment to the business. In Robertson’s case, failing to address urgent backup issues promptly caused real problems for patient data. Because these older staffers ranked among the lowest performers, management had a performance-based reason to remove them from the team.
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What If I Suspect My Employer Is Using a Reduction in Force as an Excuse for Age Discrimination?
Where things get complicated is determining whether an employer is being honest about the reasons for letting someone go. Under employment law, an employer cannot quietly weed out older workers while pretending it is about cost-cutting or poor performance. The Sixth Circuit Court of Appeals has repeatedly held that isolated remarks about older workers (such as “I have enough old people here”) can be evidence of bias—but such statements alone often fail to prove a wrongful termination case.
In Sullivan’s situation, he pointed to a stray remark that management did not want to hire more “old people.” This certainly raised questions. But the Court examined the bigger picture and found an actual performance rationale for letting him go—namely, that he did not solve a critical system failure in the operating rooms. Similarly, Robertson and another older employee could not overcome evidence of repeated lapses and communication problems. Because these issues tied directly to business and patient care, the hospital’s decision to terminate appeared to be justified.
That said, if you believe you were wrongfully fired simply because you are over 40, you should speak to a qualified attorney. A good lawyer will analyze the facts to see whether the reason your employer gave truly fits what happened. Did your boss document legitimate performance concerns, or is it just a smokescreen for age discrimination? A thorough investigation is the best way to tell if you have a viable claim under employment law or if the company’s reason is credible.
Can You Really Be Fired for a Single Mistake in a High-Stakes Environment Like Healthcare?
Yes. Modern businesses, especially hospitals, cannot afford to risk patient safety or data integrity. As a result, they often adopt zero-tolerance policies for errors with massive consequences—like shutting down surgical services or ignoring urgent backup failures. If a manager concludes you pose too great a risk to the operation, you can be let go lawfully.
In the Tennova Healthcare dispute, the Sixth Circuit Court of Appeals recognized that an employer must maintain quality patient care above all else. If that means removing an employee whose performance jeopardizes surgeries and data management, it is a valid move. As a result, the Court held that “legitimate, nondiscriminatory” reasons—such as significant errors leading to canceled surgeries or unanswered backup alerts—can justify a firing. Simply being older does not shield you from being held accountable for job-related mistakes.
Does Signing a Severance Agreement Seal Your Fate?
If you’re thinking, “Well, I’ll just sign the severance agreement and sue later,” think again. One of the plaintiffs, Charles Cummins, learned this the hard way. He signed a severance agreement that included a provision allowing him to revoke it within seven days. Instead of sticking to that timeline, Cummins waited nearly three weeks to revoke it. Predictably, the Court didn’t let him off the hook, finding that the agreement waived his right to bring an ADEA claim.
What’s the takeaway? Severance agreements are legally binding contracts, and the ADEA specifically requires that employees be given at least 21 days to review such agreements and 7 days to revoke them. However, if you miss that revocation deadline, the agreement becomes final, and you’re out of luck. Always read severance agreements carefully and consult an attorney if you have any doubts about what you’re signing—and act quickly if you intend to revoke.
Best Wrongfully Fired Attorney Blogs on Point:
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Practical Guidance: Document Everything And Consult A Lawyer
Even if your employer claims you were fired for genuine performance reasons, you should always protect yourself. Carefully document all work incidents, keep copies of performance evaluations, and note any suspicious comments—especially if they hint at age discrimination or other forms of discrimination. A well-organized timeline of events can help your attorney see whether management’s explanation holds water.
Your next step is to schedule a consultation with an employment law lawyer to determine if you have a case. A legal professional can review your evidence and advise on the best course of action. Sometimes, the business justification is too strong to overcome, but other times, behind-the-scenes bias is the real story. Getting legal advice helps clarify whether your boss truly let you go for performance issues or whether you might have been targeted unjustly.
Spitz, The Employee’s Law Firm should be your first call. We are one of the largest law firms in the country dedicated solely to employee advocacy, which means we have the resources to challenge any employer on your behalf. Our process starts with a free initial consultation, covered by a no fee guarantee. That way, you can share your story without worrying about upfront costs.
Employment Lawyer Disclaimer
This age discrimination blog provides general information related to employment law, discrimination, wrongful termination, and whether an employee was wrongfully fired. It does not offer specific legal advice. For personalized guidance about a claim against your employer, you should consult an employment discrimination attorney. No assurances of any particular legal outcome are given. This content is a legal advertisement intended to inform readers about age discrimination and other forms of workplace violations. Always speak with a qualified lawyer if you are unsure about your rights.