The Iron County Court jury got the case Thursday night and deliberated for nearly three hours before Judge Mary Barglind ended the day.

Laura Frizzo sued the city and David Thayer, its city manager, after she was fired Dec. 9, 2016, while on medical leave. She contends the termination was because of her gender, saying Thayer had an antagonistic history with women.

Frizzo is asking for at least $1,857,457, a number based on the estimated wages and pension she would have received had she retained her job.

Her attorney, Brian Keck, noted in his closing arguments that civil suits differ from criminal cases in that Frizzo’s claim only had to be proven more likely than not, rather than beyond a reasonable doubt.

LAURA FRIZZO

“Is it more likely than not that a factor or motive in the termination of Laura Frizzo was her status as a female?” Keck said.

Keck referenced Thayer’s use of a derogatory term for women in reference to Frizzo, which Thayer admitted to saying while alone in his office as an “involuntary reaction.” The door was open, however, and two city employees testified overhearing the remark. Frizzo claimed it was said during a heated telephone exchange, but Thayer maintains the call had ended before he uttered the word.

Keck also took issue with the defense’s argument that Thayer had “absolute discretion” to fire Frizzo, citing the Michigan Elliott-Larsen Civil Rights Act that prohibits discrimination on the basis of, among other things, sex.

Frizzo’s gender didn’t have to be Thayer’s sole reason for termination, Keck maintained, but if it played a role in his decision it was illegal.

Susan MacGregor, Thayer’s attorney, fired back in her closing, “Is that all you’ve got?”

It didn’t matter, she said, if Frizzo’s termination was unfair. It didn’t matter if it was wrong. It didn’t matter if Thayer didn’t like her personally or was disrespectful.

“It’s simply not illegal to fire an at-will employee for any of those reasons,” MacGregor said.

Thayer, as city manager, had “the absolute right to control (Frizzo’s) destiny,” she said.

Brian Christensen can be reached at 906-774-2772, ext. 29, or at bchristensen@ironmountaindailynews.com.