Age discrimination claim dismissed; FMLA estoppel claim reinstated

In Tilley v. Kalamazoo Co. Road Commission, the Court of Appeals upheld the summary dismissal of an employee's age discrimination claim.  The Court held that the 59-year old had not provided sufficient proof that his supervisors disliked him because of his age.  The Court did send the case back to the trial court, however, to assess whether the employer should be "estopped" to argue that the Family Medical Leave Act should apply to the man's decision to leave a job site when he had chest pain.  The employee argued that he only left work because the employment manual issued by the Road Commission assured him of the FMLA protections which the Road Commission now argued should not apply.