A 60 year old man who had been the top-ranked salesperson for a local company has recently recovered a $225,000 settlement for being terminated due to his age and health issues. The client, who felt he had unjustly been the victim of age discrimination, initially contacted Jeffrey Freedman Attorneys, PLLC.
“Out of six salespeople, this gentlemen was one of the top sales people as far as making the most sales for the company for several years. When he needed a week off to have knee surgery, however, the employer overwhelmed him with projects that made it impossible for him to perform at his usual level,” said Jeffrey Freedman, managing attorney. “They then fired him, stating ‘poor performance’ prior to his surgery.”
Fortunately the client had kept records including emails, and through discovery it was determined that the employer had lied to the Equal Employment Opportunity Commission (EEOC) about the timeline as to when he knew about the client’s medical condition which was before the decision was made to terminate the client.
“Emails showed the owner had knowledge of the client’s need for surgery before he piled on the assignments in an attempt to justify firing him,” Freedman said.
When the employee decided to sue for age discrimination, he was first offered a settlement of $3,000, which he felt was not sufficient. One of the factors in assessing the damages of a person who has been discriminatorily terminated is their back wages or “back pay” and potential lost future wages or “front pay.” Since this man was 60, he had difficulty finding another job after he was terminated. Thus, he had accrued almost two years of backpay. Also, due to his age and the time that he was unemployed, he had a legitimate claim for front pay as well as it was anticipated he would have difficulty finding employment in the future.