Successfully Defending a Manufacturer From An Age Discrimination Complaint

Business Type:
Manufacturing Company
Location:
Longmont
Employees:
35
Client Since:
2005

Profile

For over 21 years, this design company has been manufacturing personalized as well as general public merchandise such as carabiners, belts, pet supplies, bottles and openers and more.

Problem

A disgruntled employee filed an age discrimination complaint. Early in this older worker’s time at the company, management found the initial position she was assigned to was not a good fit. They wanted to invest in their employee, so they established a plan in which he/she was tried out in several different departments within the first 90 days to see if she would fit well in another position. Unfortunately, quality control was not a strong suit for this employee. Eventually, after several verbal and written warnings, the employee was suspended. When the suspension ended, she did not return to work and was terminated for being a no-call-no-show.

Solution

The disgruntled employee sought legal representation, and the claim went to mediation. StaffScapes gathered all evidence from the probationary period as well as the days following termination. After the employee had been placed on suspension and released from her duties, the design company recruited replacements and hired a new employee. StaffScapes helped research the demographics of their hiring and firing practices and was successful in demonstrating they had a history of hiring from a pool of older applicants and retaining those who had the required performance, thus proving they had no issues with age and no malice was present.

In addition, StaffScapes reviewed the policies and procedures in place. Some content needed to be added to the employee handbook or rewritten, and these areas were corrected to ensure the company was protected in this area in the future.

Result

Our client now has updated policies that will aid them when claims such as this are lodged. StaffScapes was able to prove to the mediation advocacy group that older workers were valued by this employer and the termination was not related to age.

Hear It From Our Client

“Without the aid of StaffScapes, I do not think we would have been properly prepared to present our case to the mediation board. I think their expertise and knowledge is more than worth the minimal expense associated with hiring them as my HR partner.”—John, Company Owner