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The New Kryptonite to Age-Discrimination Lawsuits

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The economy is still funky. Unemployment continues to rise. And, with Boomers entering their retirement years, some of those older laid-off employees are crying foul. In fact, the EEOC last year reported a shocking 29% rise in age discrimination claims. The good news: A recent U.S. Supreme Court decision made it more difficult for employees to win such cases, as the following case shows …

Case in Point: A large telecom company hired 54-year-old Guy Martino as a business solutions consultant. He worked there for 17 months and helped close a huge deal, earning “quite the commission” that generated nearly 85% of his sales revenue during his employment.

Beyond that sale, however, Martino failed to meet his quota for seven months before the deal was closed, and for two months afterwards. The one big transaction appeared to “the sole bright spot in an otherwise unremarkable tenure,” the court said.

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{ 2 comments… read them below or add one }

Rachel August 10, 2009 at 5:00 pm

A retirement plan, 401K or any other benefit is just that, a benefit. He is not required to provide any of those. Either way you roll it, it’s something he chooses not to do.


Dale Johnson August 7, 2009 at 1:56 pm

Can my company be sued for not having a retirement plan for any of its employees? We encourage everyone to have an IRA but we have no retirement plan for the company.

Our business is majority owned (2/3) by an individual who owns other companies as well. These are all S corporations. If he wanted to set up a retirement plan for one company, would he be required to do it for all of his companies? If so, does this mean there is no way the individual companies can do anything on their own for their employees retirement without doing the same for all the companies? What if the company ownership structure was changed to C corps?


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