An operations manager was hired by a trucking company at age 50. Up until the year of

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An operations manager was hired by a trucking company at age 50. Up until the year of his termination at age 62, the operations manager had received generally positive performance appraisals from the branch manager, as well as numerous raises and commendations. However, about eight months before his termination, the branch manager began to repeatedly criticize him for alleged performance deficiencies. During the same time period, the branch manager questioned the operations manager about his retirement plans and was told that he planned to retire in about five years when he would be eligible for Medicare. Although the operations manager was on vacation, he received a call from the branch manager who said that the company needed to lay off a supervisor and that it might have to be him. She asked if he had thought any more about retirement, since he was having a birthday soon. The operations manager said that he hadn’t changed his plans, and in the end, no supervisors were laid off. A performance appraisal received during this period was the most negative ever, indicating a need for improvement in 26 out of 60 areas. A coworker testified that he heard the branch manager say regarding the operations manager “He is going to leave here when he is 62. I am going to see to it. He has been here long enough, and he is going to go on his social security.” Following an incident in which the operations manager sent two drivers to do pickups for customers without first calling to confirm that the pickups were needed (the operations manager said that he had called, but was unable to reach the appropriate parties), the operations manager was terminated. He sues. Is there direct evidence of age discrimination? What should the court decide? Why?

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