The Iowa Court of Appeals has ruled in favor of a Marshalltown man who had filed a lawsuit against the Marshalltown Swift Pork Processing Plant claiming he was fired as a result of  age discrimination.

Upon further reviewing the case, the court of appeals had ruled that the case should be heard.

Sixty-year-old David Feeback was fired from the Marshalltown Swift Plant where he had worked for more than 20 years after sending a text to his supervisor using an expletive.

Feeback sued, alleging age discrimination, workplace harassment, and wrongful termination.

The district court dismissed all three claims.  The appeals court ruled Feeback’s observations that nine people over the age of 50 left the company before retiring is “Competent evident even if it is not the strongest evidence” of possible age discrimination and the ruling says a jury could find such evidence even if it is not the strongest evidence” persuasive on his discrimination claim.