An East Texas sales manager who claims he was fired while lower-performing, younger employees kept their jobs has filed an age discrimination suit against his former employer, Sagemcom Communications USA.
Gerald Delavergne began working for Sagemcom in September 2007. In April 2010, while working as a regional sales manager, Delavergne was placed in a performance improvement plan because he had failed to meet sales quotas. He was fired in August 2010.
In his lawsuit, Delavergne argues that at least five workers with worse sales records kept their jobs. All were younger than him. He also accuses his boss of calling him “pops,” “old timer” and other derogatory names.
In addition to violating federal law, Delavergne claims that Sagemcom violated the Texas Commission on Human Rights Act and the Texas Labor Code. He seeks back pay, lost wages, liquidated damages and punitive damages.
- Good news: Liberal definition of retaliation applies only in certain retaliation cases
- He said/She said: The legal risks of interviewing transgender applicants
- Lack of female supervisors a red flag for discrimination
- Caution government supervisors: You could be personally liable for FMLA violations
- Popeyes pays for chickening out on HIV-positive applicant