Articles Posted in Age

According to FacesOfLawsuitAbuse.org, the lawsuit that keeps those lawyer jokes flowing is…

Convict sues couple he kidnapped for not helping him evade police. A man who kidnapped a couple at knifepoint while he was running from the police is now suing the victims, claiming that they promised to hide him in exchange for an unspecified amount of money. The plaintiff, currently in jail, is seeking $235,000 for the alleged “breach of contract.”

And from the ridiculous to the sublime just-about-as ridiculous…

Back in August, I blogged about a case where a federal court held that an employer inquiring about an employee’s retirement plans, alone, does not discriminate on the basis of age. But what about relentlessly browbeating a plaintiff into retiring? Could that be age discrimination? What do you think, Brett? Find out after the jump…

 
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Your employees view pornography. Well, some of them do.

I know this may be a shock to some. And if you are one of those people, and you run a business in one of the mid-Atlantic states, give me a call. We should talk sometime. Then, I’ll hit you over the head with a proverbial tack-hammer.

Until then, over the next two days, I’ll address two recent examples of where nekkid pix caused employees to lose lawsuits against their former employers. The first case — an age discrimination matter — follows after the jump

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From the sublime to the ridiculous, the NY Daily News reports here that a 60-year-old musician suing for age discrimination claims that the presiding 88-year-old Manhattan judge is too old to hear the case.

According to the NY Daily News story, the plaintiff, who was representing himself before his case was dismissed in October, slammed the judge, calling him “slow-witted and unable to function.”

In a pleading filed with the court, the plaintiff also wrote that the judge, who has degrees from Harvard and Columbia Law School, “may have been a very learned jurist in his day, [but] should be removed from the bench, both because of his mental and physical limitations [and because he] could barely see unless he put his face almost on top of a document.”

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You know what’s not a good business practice for a car dealership? Referring to an older male employee as “old man,” “pops,” and “old mother******” and then steering car sales away from him to younger employees. Age discrimination is serious business, yo.

Details on this gem after the jump…

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'Carla Carpenter Retirement Party' photo (c) 2004, Grant Laird Jr - license: http://creativecommons.org/licenses/by/2.0/

Let’s say that a company holds a meeting for older employees (all are over 49 years old). And the purpose of the meeting is to discuss the future expectations of the employees in attendance, including retirement options at the company. Then throw in a stray remark from the company, something like, “When people get older, they tend to slow down.”

What if one of the meeting attendees is later laid off? Is that age discrimination?

If the employer has any non-age-related reason for the layoff, then the answer is no, according to

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Welcome back to “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”. But before I dispense with the brevity, allow me to pat myself on the back as, yesterday, both the ABA Law Journal and the Wall Street Journal recognized one of my recent blog posts.

***A-thank you. Thank you very much. You’re all too kind.***

On the heels of this case from the Second Circuit that I read about yesterday, I figured that today we should discuss releases. Cue the music…

Welcome to the inaugural edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post“.

So, I was recently asked whether a younger employee may have a federal age-discrimination claim against his employer if the company treats a similarly-situated older employee better.

The answer is no. In 2004, the U.S. Supreme Court in General Dynamics Land Systems, Inc. v. Cline held that the Age Discrimination in Employment Act of 1967 (ADEA) does not forbid discriminatory preference for the old over the young.

“Doing What’s Right – Not Just What’s Legal”
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