In a recent Minnesota Court of Appeals decision, the Court determined that
using the term “fresh, new faces” was merely a factual assertion and did not
contain any explicit reference to the complaining employee or any ill-will
toward any older physicians. The case had been brought when a contract was
not renewed for a physician who had performance problems. The statement was
made during a meeting to inform the physician of the non-renewal of his
contract. Mittelstadt v. Emergency Physicians Professional Association
(Minn. Ct. Ap. 2009)