Tom Ahl Buick prevailed in an age discrimination suit despite the fact that owner Tom Ahl told the plaintiff his Lima dealership was having a “youth movement.” He later demoted the 40-something plaintiff from his sales manager position and hired a 25-year-old former furniture salesman to take over.
In court, Ahl testified that his comment reflected the changing nature of the business—that younger people, who are more adept at new technology, are essential in the workforce today. Sounds like a slam-dunk for age discrimination.
But Ahl, along with several managers, testified that the plaintiff was fired because of his attitude and poor productivity. The plaintiff himself testified, “Tom Ahl didn’t fire me due to my age particularly.” Ahl further showed that he’d fired two younger workers the year before for poor sales.
The court found Ahl’s “youth movement” comment vague, and noted it occurred three months before the manager was fired. The judge found that Ahl had legitimate performance reasons for the firing, and granted summary judgment.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Court cuts slack for bankrupt employee, declines to enforce traditional litigation rules
- Trauma of being fired won't extend FMLA rights
- Watch out for suits claiming NYCHRL violation: They're much easier for employees to win
- Inappropriate nicknames can lead to bias lawsuits