a campaign promise have been made to keep him and then within eight months after he comes in he has fired them and replaced them with employees twenty years young so that would be the first time in a raid say that a promise facia case itself is evidence of discrimination the next cause she had no hint that that she was about to be fired she has been nothing but bright and in fact other employees were with tazer about how come you're getting all this special treatment so there was no explanation for purdon except that she was course when he talked to her about her performance they didn't buy the evidence isn't this is undisputed that he had never talked to fitzpatrick a poster about their performance in fact the evidence is that fitzpatrick was trying to explain to him what she to work but then he took up for no reason that we can say on that date return we need you to go ahead and retire and of and apparent it was just a small discussion of bed time but then the record is  up she said i'm not i'm not financially able to retire i have a ten year old child and she went into the hospital she got so upset about it on that date that she was being forced out she went into the hospital  i'm not sure the answer that question but but i think that one of the strongest points of our case is that before he knows anything about foster state this is on the sixth before they and he is in effect forcing them to retire he's saying you have  i said i thought it was a man of his word but i've decided he's not because he told us at the very beginning we would have a job as long as we wanted to nobody was going anywhere but in other words it's a couple whether return he's come in and told us that he  was and the key part of it all played for anyone and and she also says that it was about the time and i'm quoting her i'm quoting her version of the conversation that happened i said it was on a friday it might have been that weekend she made it ms foster said he was talking to her about wanting her to retire and he'd tell her that that she had a job and she thought he was a man of his word and i said he is a man of his wor forcing somebody to retire or to not they inferred to be a form of age discrimination to me a jury could ban retirement ones i want you out of here because you're right just what it means by definition discussion please the court a couple of things i want to address early on the court the judge mills decision and nothing that's been said today changes that it his finding was that there was no evidence to evidence that age was the reason why juror some has some evidence that it was the but for reason but for use a higher standard than the normal standard but it's there are no questions about the reason given when we just had questions about the reasons given your answer exactly what the questions were about during the prior argument whether or not the people that were fired were part of the disloyalty that's one question and whether the was new new to that job the old park had been defeated or had was he had resigned he had retired got on his own but he was still around and these ladies were very fond of him and spent a lot of time with him even after he's retired he was still of the office on that of thing so mr mormon walked into a difficult situation in terms of trying to get these employees to do things the way he wanted them done they'd these ladies have done things their own way and some of the things were good some of maybe not so good and so he they would be in his what he testified to his they would not work with him own different things that he wanted well in the end one or more of them said that's just the way we always did it that's right right correct your own and and so it was it was not just the statement by miss foster that was the culminating blow when he on when he heard from he had a citizen call him one of his supporters call him on the phone on a friday afternoon you just need to know what what he employs then about you and that's how that happened now that and that culminated at the end of a talk talk week with everybody the other thing i mentioned briefly what before i go on the mandatory retirement issue there was no mandatory retirement miss fitzpatrick had been with the county for thirty five years she was fifty one years old she'd been working since you sixteen worked in some hospital program and so she'd been there while mr momentum sale was in state government so he knew about retirement he had been in state government himself for about twenty nine years and in mort of two thousand and twelve miss this package had a disagreement with the president or supervisors she thought she was going to lose a job from that prison that were supervised that's when she looked into retirement and mr moment after he signed off for her to look into the time so he was away or that she was considering retirement or at least looking into so we moved forward to september worried about that little bit i can't do without my insurance he went home that night worked up the package that it was not retired it was retirement plus part time work he was going to they were both going to continue to work in the thing that he proposed to the and it wouldn't get foster but once they discussed it he said yeah i'll you can do this too and she became angry about it patrick was receptive about it until she talked with foster anyway and so he said no don't worry about that's ok employees he did not offer that any package to the fifty nine year old and needed to you that's on review mr mormon went thing there's no testimony from a needed tutor any different he did not offer her a retirement package one of the employees came in i'll look into it but it's not going to be beneficial for you he also told mr foster the same thing you had been here long enough for this to be beneficial for you so that was the mandatory that's not mandatory retirement that is discus the employee that he mentioned had that opinion she also had an opinion earlier in the dept in her deposition that it was politics that they were all being forced out because of politics then after being some things to refute that judge me has made it clear that he didn't believe it was anything to refute mormon made this decision and what you look at what he looked at him the moment was clear throughout it talk with him  he was going to make some changes in the chancery clerk's office he put together a document for each of those employees to sign that talked about misuse of phone you know phone too much playing computer games too much and this is all after he had the talks these retirement discussions these all after discussions with cammy lipsey about her job he met with supervisor ernie right and ernie right encourage him to work with they try to work this out it can because wright said when he talked with him this was a man backed into a corner and he couldn't get control of his office so what he did was he put he went home put together a document outlining problems that were with that he saw in the office and it was going to stall  to each other i mean to to mormon to supervisors and then having personnel files mr wade mentions that they all had spotless record there were there were essentially any personal files no there's been no any discipline of anybody in the change record office for twenty five years is because if you had a twenty five your chance report that was to sit in a way it's now after he put together all this met with mr wright supervisor right he gets home he gets the car about to come in he was ready to provide an opportunity for everybody to work together and go forward he gets to come in comes home a citizen now miss boston dispute that she's made those comments about you better watch your back these these ladies are not supportive of you watching back and forth from the circuit court and others but not the other men but the third is everybody i mean i don't know that everyone is implicated in that correct what did everyone in it it was a group and he felt like after that coming in and all that was going on with the different things that he just needed a new out new group people were that he went off he made that decision certainly it was rash decision but what it is is we can question that decision but i don't think we respect the smith you can't question whether it's because of their age it's because of this coming in and all the things that were going on it of supervisors in their testimony talk about if there was tension in that office everybody was where and he met with them after he called early right at that saturday morning everything was going to be fine until that statement and he and he made a decision compelled and he talked with him said i'm done i can't deal with this anymore and that was a saturday morning moved into sunday call other people have supervisors meeting up at another office and told him you know i i just can't work with these ladies and not working with me i'm thinking about let them all go they encouraged him to consider other options he left that meeting went up and call them all in and at that point and is she there to try to work their age because he let them all and then as to who replaced to the replacement process was with mr mormon who in any interview with three rivers consulting group that helps part out can have a consulting contract with him and that they just chose people to come in there and replace him and so when we talk about here are the reasons for the decision that the timeline of how things  understand the point on that but the other thing is what the citizen told him was so my report that miss foster told her mother that you're not a man of your word and this is a chance record it's an elected official and you've got somebody in your office that's a reason and that and that's the only reason shown here for this is these decisions is the way it played out that we with how things worked out it's clear he's going try to work with them that we in the coming in had enough and let them all go that can be the thing if you're not allowed to fire someone on that you haven't had a chance to look at that so when he thins in his twenty eight day you may have some comment on or maybe you have a comment now yes my comment to that would be that what he learned from  the citizen was that she had said he was not a man of his word that was what she told and this culminated over whole laundry list of other situations where people had come to him and told him that you clerks are not supportive of he was a novice to this job and these ladies believe they knew more than he did and they i think they treated him that way and it's pretty clear and maybe they did but he's the change required and they need to work with and not talk  still folks he's incompetent lazy out in the community other other workers in the communities that way that makes it tough on each record and that's what the record that's clear that's all clear in the record judge meals found that they tossed and fitzpatrick didn't we're talking about misfits patrick right now and this is mormon ok did anybody in the community say anything about her being disloyal or disrespectful about you answer no this is what mormons say ok so that's and i had a supervisor that was always criticized him or say he was on teachable but i never told anybody in the community that's what she testified to and judge me also you are frankly just does not have any authority decide that i think this lady was all over the pages she's not believe it was up to the jury when he says when it was really voluntary they really wanted to lay they really weren't forced out that's just a question for the jury and really hard case even if you technically correct the if you have to go back for the politics is going to be one of the conses welcome to the day internet what makes this case hard you know not just about you know we've had a lot of now over forty years and by now employers know that you can't admit find if there's anything that's good for you yes ma'am it has to go to the jury and it just about anything he's saying is you could draw the inference you know when he says well at one point he told them they could stay on working for the can or the arrangement was their primary w