Bolivar banker files age discrimination suit

A former executive vice president fired in December at Mid-Missouri Bank's Bolivar branch is now suing the bank for alleged age discrimination stemming from what he described as a "de facto policy" favoring younger employees.

Gary Rice filed the lawsuit against Springfield-based Mid-Missouri in Polk County Circuit Court last month, just days after receiving a "right-to-sue" notice from the Missouri Commission on Human Rights. Rice, a 44-year Mid-Missouri employee who was fired seven days before his 65th birthday, filed a discrimination complaint with the commission in January, records show.

In the complaint, Rice alleged that Mid-Missouri - under the direction of bank owner Lee Gilbert and President and CEO Lee Keith - implemented an unspoken policy that punishes senior employees and rewards younger ones.

"Management favored younger workers, promoted younger workers, took away responsibilities from senior employees and was blatant enough to want to place in written policy a mandatory retirement age for its older employees," Rice wrote in the complaint.

Rice also noted in the complaint - and subsequent lawsuit - that he was one of Mid-Missouri's top producers; he said his total loan portfolio was between $18 million and $20 million. As of March 31, Mid-Missouri's loans totaled $434.2 million, according to the Federal Deposit Insurance Corp.

Policy in question

Rice's suit against Mid-Missouri also lists Gilbert and Bolivar branch President Randy Sudbrock as defendants. Mid-Missouri CEO Keith said in an e-mail that bank policy prohibits him from publicly discussing personnel matters.

Rice alleges in the suit that Sudbrock stated that Gilbert wanted to rewrite Mid-Missouri's employment manual to include a policy that would allow the bank to fire employees once they reach a specific age.

Newly hired bank employees and those promoted from within during the past few years were almost entirely under 40, Rice claims in the suit. The former executive also alleges that Gilbert suggested the bank fire him and "hire two younger people for what we are paying him," according to court documents. Sudbrock allegedly cited Rice's proximity to "retirement age" as part of the reason he was fired, records show.

Rice's Bolivar attorney, Jay Kirksey, said he has "multiple witnesses" to the alleged age discrimination at the bank.

"How do you justify - purely from a business standpoint - when you terminate your highest producers?" asked Kirksey, with Kirksey Law Firm LLC. "One is left looking at illegitimate reasons. ... Gary had a solid reputation."

Kirksey said Rice, who was offered one month's severance upon his departure and now works at Bank of Bolivar, is hopeful the court will find that Mid-Missouri acted unlawfully and compensate him accordingly for lost income and benefits. He also is seeking damages, though amounts are not stated in the suit.

"He has no interest in returning to that environment," Kirksey said. "He just wants to make sure the same thing doesn't occur to someone else."

On the rise

Age discrimination complaints are on the rise in Missouri, and in fiscal 2008, which ended June 30, they accounted for 17 percent of all complaints received by the state human rights commission, said Wanda Seeney, a spokeswoman for the Missouri Department of Labor and Industrial Relations.

On a national level, the number of discrimination claims filed with the U.S. Equal Employment Opportunity Commission set a record in fiscal 2008, which ended Sept. 30.

More than a quarter of the 95,402 claims filed with the EEOC last year involved alleged age discrimination, and alleged worker retaliation was the basis for 34 percent of claims.

Springfield attorney Ben Stringer said he hasn't seen an increase in age discrimination claims during his 11 years of practicing employment law, although the recent surge of layoffs and firings in the down economy has kept his phone ringing.

"I would say I have received more calls in the last 12 to 14 months that involve potential claimants who have been discharged and have complaints about the discharge," he said, noting that employers may legally fire people for economic reasons. "But if age is a contributing factor to the decision to terminate, then under state law, you may have a cause of action."

Discrimination cases are notoriously tough to prove, especially without direct evidence in the form of an e-mail, note or recorded conversation, said Stringer, with Hall, Ansley, Rodgers & Sweeney PC. Some people think better of suing their former employer for alleged age discrimination, he added.

"Many people over, say, 50 or 60 have a hard time justifying the expense and the risk and the emotional commitment and the time commitment to litigation when they may feel like they're three years away from retirement," Stringer said.[[In-content Ad]]