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Employee Able to Prove Age Discrimination, Despite Being Placed on a Performance Plan.
Posted by: Melville Johnson, P.C.
July 02, 2008
Topic: Employment Discrimination
The Law Office of Melville Johnson, P.C. can provide representation for all types of employment law including discrimination claims:
A jury in United States District Court in New Jersey has awarded a Plaintiff $743,000 in damages for compensatory damages and his attorneys fees in his employment discrimination lawsuit. Mr. Nicholas Saffos attorney's argued that his termination from his position with Avaya Incorporated was part of a purge of older workers headed by an incoming manger, which violated the Age Employment Discrimination Act. The Plaintiff's attorney further alleged that Mr. Saffos was terminated a replaced by a younger employee.
Avaya's counsel had argued that its decision to remove Mr. Saffos was based solely on problems with his performance. Avaya stated that Mr. Saffos was placed on an improvement plan, due to his performance issues. Moreover, Avaya claimed that Mr. Saffos failed to improve his performance, so it terminated his employment. These action, Avaya's attorneys argued, are permissible within the body of employment law.
In an interesting turn of events, Mr. M. Foster Werner, Jr., who was the responsible management offical named for the purging, was replaced himself by a younger employee shortly after terminating Mr. Saffos. Mr. Werner filed his own claim of age discrimination.
The jury declined to believe Avaya's business reason for its action and found for the Plaintiff.
This blog is based on a Law.com article written by Mary Pat Gallagher on June 19, 2008.
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