Kennedy v. Nutro Products CA2/5

FACTS AND PROCEDURAL BACKGROUND

Employment History

Nutro Products, a subsidiary of Mars, hired Kennedy in 2000 to manage strategic planning. Nutro Products was located in the City of Industry. On April 23, 2008, Mars announced the closure of Nutro Products’ City of Industry operations. Mars said some employees would be offered continued employment, some might be offered continued employment in a second round of offers, and the remaining employees would get a severance payment of several months of salary in exchange for working until Mars closed particular activities. On May 20, 2008, Nutro Products’ general manager Dave Horton gave Kennedy a letter stating she would not be terminated before October 31, 2008. Horton said the termination date was contingent on continuing to perform well. Kennedy complained that her supervisor was impeding her ability to do her job. For example, she was excluded from a client planning meeting. On July 30, 2008, Kennedy wrote an email to

2 Horton and others complaining of sex and age discrimination, and requesting an investigation. In August 2008, Kennedy approved a subordinate’s purchase of training courses. On August 20, 2008, Kennedy’s…