$2.$ In $2013,$ Metz Culinary Management, Inc. took over the nutrition service at St$.$ Mary's Health System. As part of the contractual agreement between St$.$

Own Mary's and Metz, Metz was required to retain all food service staff, including the plaintiff, Dennis Bouyea. Not long after the management transition, Farrow became Bouyea's direct supervisor and was alleged to have made age$-$related comments and to have questioned why older individuals remained in entry$-$level positions. Metz denies direct comments but does admit that he mentioned that the salad prep workers topped the pay scale and that Metz could probably replace two salad people with one chef to save money. While Metz originally had some severe financial difficulties, by $2015,$ it met and exceeded budget targets at St$.$ Mary's. Bouyea had received stellar evaluations in the past, and in February $2015,$ Farrow gave Bouyea a generally positive review. However, in April $2015,$ Farrow set a $60-$day target for Bouyea to hit budget and a $30-$day target to hit other performance goals. He also began actively recruiting for a replacement for Bouyea, who subsequently was fired in June $2015.$ At the time, Bouyea was $58,$ and his replacement was $51.$ Metz also had terminated another manager who was $35$ but had put that employee on a performance improvement plan, unlike Bouyea, who was terminated without being given a chance to improve. In the year that followed Bouyea's termination, six other employees over the age of $40$ either were terminated or resigned. Given the case facts, do you believe that Bouyea has a claim under the ADEA or the Metz has an LNDR$?[$Bouyea v$.$ Metz Culinary Management Inc., Case Number $2$:$17-$cv$-00214,($D$.$ Me$.2018).]$

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