Case Study

Manny Ramirez worked for BJ Manufacturing Company for 30 years. His job title was Assembly Line Manager. BJ is in the business of manufacturing components used in kitchen appliances, such as refrigerators and ovens. Just six months before Manny's planned retirement, BJ fired Manny from his job. BJ's CEO claimed that Manny was not trained in how to use the new computerized system and that they needed to bring in someone with an extensive computer background. As a result of his early termination, Manny is not eligible for the comprehensive retirement benefits package that he would have qualified for if he worked for BJ for another six months. Two days following his termination, Manny checked himself into the Blue Hills Psychiatric Facility with symptoms of severe panic, anxiety, and depression.

The firm that you work for is representing Manny in an employment discrimination case against BJ. You assisted in drafting the complaint, which alleged that BJ discriminated against Manny because of his age. The complaint claims damages in excess of $5,000,000, stemming from the loss of retirement benefits and the emotional pain and suffering that Manny has experienced and continues to experience.

The lawsuit is now in the discovery phase. In planning and responding to discovery requests, you encounter the following questions.

BJ Manufacturing Company owns a subsidiary in Belize. If BJ moves its employees' employment histories to its Belize subsidiary, the company cannot be compelled to produce the employment histories because they are located in a foreign country.

a. True
b. False