Timothy Barber was laid off from his job with the Missouri Department of Public Safety November 2009 at the age of 55. Timothy was released from his job with the department’s Division of Alcohol & Tobacco Control after virtually 30 years being employed. He was the third-highest in seniority among 12 special agents employed at the division’s downtown St. Louis facility, and fourth most senior in the state. Timothy was laid off because of budgetary reasons. Two more senior special agents were also let go at the time. The four youngest special agents in the office, who had less seniority, did not lose their jobs. Barber’s lawyers, argued that went against 30 years of prior practice, in which layoffs