Manager’s ageist comment isn’t necessarily a kiss of death in court — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Manager’s ageist comment isn’t necessarily a kiss of death in court

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in Discrimination and Harassment,Human Resources

It happens with disheartening frequency: A manager makes a stupid comment about an employee’s age that—in an HR pro’s worst nightmare—could lead to a nasty lawsuit.

If this happens to you, take a deep breath. Assess the situation. And know that all is not lost.

Recent case: David was 63 years old and had extensive experience selling heavy equipment to city governments. Britton Industries hired him as a municipal account manager, to sell its mulch and other landscaping products to cities and counties in Pennsylvania and New Jersey.

David would later claim that he and the company’s CEO had a conversation when he was hired and reached a mutual understanding that it would take David at least a year to build his sales to the point of profitability. He said they agreed he would be paid a fixed salary for his first year, while he built up his accounts. David said he was never told he had to meet any sales quotas.

Around the time Da...(register to read more)

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