Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: “Age Discrimination”

HR FUN PUZZLE: Find what the AARP did right with this underperforming employee

Posted in Discrimination
If the AARP can’t win summary judgment in an age discrimination case, then who can? Who’d believe that the American Association of Retired Persons would fire somebody because she was too old? Who, indeed. The organization recently won a nice summary judgment victory in an age discrimination suit brought in federal court in New York by a former employee. The… Continue Reading

T.J. Simers discrimination trial: Are you paranoid if they really ARE out to get you?

Posted in Corporate Culture, Discrimination, Evidence
T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination. We’re providing regular coverage of the jury trial, which is expected to last about four more weeks. For the background on Mr. Simers’ termination, go here. For the testimony of Mr. Simers’ psychiatrist earlier… Continue Reading

What’s your two cents? Employment law in the news

Posted in Discrimination, Lawyers!, Social media
I’ve been vacationing by the shores of Gitche-Gumee this week, so I’m trying to give myself a little blog-cation as well. Here are some entertaining and controversial legal or employment-related developments from the news before I left. With apologies to John Oliver, let’s just call it “Last Week Today.” (Hey! I’m on vacation!) Feel free to debate and… Continue Reading

When terminating an employee, is a clean break better than a long limbo?

Posted in Americans with Disabilities Act, Discrimination, Employment at Will, Workers' Compensation
If you have a poor performer, is it better to make a clean break and fire him, or is it better to prolong his (and your) agony? That is obviously a biased question, but some employers will do almost anything to avoid firing an employee, including the following: Nothing Issue 8 bazillion warnings but never act on… Continue Reading

Employment law autopsy: “Old fart” gets fired

Posted in Discrimination, Employment at Will
Here’s a lesson: Don’t call your employee an “old fart,” especially if you think you may need to fire him someday. And don’t call his co-workers “old farts” right before you fire the co-workers. And don’t give your “old fart,” who has only a first-level warning on his record, three or four “progressive” warnings on the day that you… Continue Reading

Can we stop with the age-based stereotypes?

Posted in Discrimination
Is “digital native” the latest code term for “young”? A hot topic for the past few days, after an article on the subject appeared in Fortune, has been whether it’s discriminatory for an employer to specify in recruiting that it’s seeking to hire “digital natives.” A “digital native” is someone who was born into the digital world, which… Continue Reading

Employment Litigation Lottery: IBM steps away

Posted in Alternative Dispute Resolution, Discrimination, Uncategorized
Is IBM crazy, or just crazy like a fox? Bloomberg BNA reported this week that IBM has stopped providing the “disclosures” required by the Older Workers Benefit Protection Act when it hands out severance packages. As you know, when an employer has a “group termination” — usually, a reduction in force, but a “group” can… Continue Reading

Is age discrimination running rampant, or is there another explanation?

Posted in Discrimination
The recession has undoubtedly been tough on the oldest of the older crowd, and rumor has it that blatant age discrimination is the reason. But, as Henry Fonda's character said in Twelve Angry Men, "I don't really know what the truth is." Here are a few reasons why I question whether age discrimination explains the difficulties that the oldest workers are having.… Continue Reading