Dallas Business Lawyer Blog

Dockworker Terminated Due To Age Discrimination

A dockworker won $257,500 in an age discrimination lawsuit against his long-time employer. In 2006, Donald Wayne Smith, then 62, was laid off after 45 years of employment with Central Freight Lines Inc. He claimed that in his last months of employment he received a disproportionate number of disciplinary write-ups and that the company changed its layoff guidelines. He alleged the new guidelines exempted part-time and supervisory employees to ensure he was laid off while younger workers with worse work records were retained. Central Freight argued Smith's termination and the guideline changes were the result of legitimate business decisions aimed at cutting costs.

Age Not A Factor In Forced Retirement Case

A pilot instructor who claimed he was laid off due to his age lost his lawsuit against American Eagle Airlines. John McIver alleged he was forced to retire in 2005, at age 60, after receiving a letter from his employer stating that he was slated to be laid off. He had worked for the airline for 17 years. McIver accused American Eagle of age discrimination, alleging it retained junior, younger and less-qualified instructors. He also claimed a manager had confided in him that the company was concerned about the number of instructors who had crossed the age of 60. American Eagle denied the allegations and the manager denied having such a conversation with McIver. The jury found that age wasn't a factor in American Eagle's decisions and sided with the airline.

Tax Collector's Termination Was Based On Age Discrimination

 

 A jury awarded $1,599,778 to a tax collector who alleged he was fired because of his age. In 2005, Wesley Landsfeld, a 29-year veteran tax collector for the state Comptroller's Office, was terminated at the age of 57. He was told he was fired for insubordination, but he argued his age was the real reason. He noted that he was replaced by someone younger and he introduced an internal memo from the comptroller which referenced a problem concerning the office's aging workforce. In addition, Landsfeld said the state gave him no warning or counseling regarding his supposed insubordination and therefore failed to follow its own discipline policy. The defense denied discrimination and contended the memo was about ways to keep its older workers, not get rid of them.

Airport Manager Wins in Age Discrimination Suit

A jury awarded $982,500 to a former airport food and beverage manager who alleged he was fired because of his age. Fred Jackson held the position, in which he oversaw the restaurants, bars and retail stores at El Paso International Airport, for 17 years before he was fired in 2007 at the age of 57. His termination occurred just weeks after the city replaced Jackson's original employer with a different contractor, Host International Inc. Host contended it fired Jackson due to poor performance, but Jackson claimed his age was the real reason, noting that at the time he was let go, he was Host's oldest management employee in El Paso. He also contended that the airport ranked number one in a nation-wide customer satisfaction survey the year before he was fired (the rating dropped to number 11 after he left) and that he had never been warned about any problems with his performance.

Walgreens Found Liable For Age Discrimination

 

Walgreens must pay $337,820 to a former cashier who claimed that the drugstore giant fired her based on her age. In April 2007, Isela Quintero, then 55, was fired from her job at a Walgreens in El Paso amid allegations that she used store merchandise without paying for it. Quintero said she had intended to pay for the item - a $1.59 pair of scissors - but forgot. She noted that the store managers were in their 20s and 30s, as was her replacement. She claimed the action against her was far too harsh, alleging that managers have been known to give away items, but were never disciplined.

Cashier Wins Verdict Against Walgreens For Age Discrimination

 

Walgreens must pay a former cashier $337,820 after a jury found that the drugstore giant discriminated against her based on her age. In April 2007, Isela Quintero, then 55, was fired from her job at an El Paso Walgreens amid allegations that she used store merchandise without paying for it. Quintero said she had intended to pay for the item -- a $1.59 pair of scissors -- but forgot. She contended her termination was actually due to her age, noting that the store managers and loss prevention officer were in their 20s and 30s, as was her replacement. She claimed the action against her was too harsh, alleging that managers had been known to give away items but were never disciplined. The defense argued that every employee who took store merchandise was fired, and that most of the fired employees were under the age of 40.

EEOC Settles Age Discrimination Suit

 

On Jan. 15, a temp agency agreed to pay $21,500 to settle an age discrimination suit filed by the Equal Employment Opportunity Commission on behalf of a woman who had applied for a job in 2007. Georgia Turner alleged Prestige Staffing refused to refer her for an open clerk position because, according to a company representative, Turner had too much experience, would expect too much money, was expected to retire and was not trainable. Turner filed a complaint with the EEOC, alleging discrimination under the Age Discrimination in Employment Act. Prestige argued that its rep's comments were taken out of context and that its client wanted a clerk with less experience. The company also contended it referred Turner for other jobs.