IN 2002, Bobby Nickel was hired by Corporate Express as a facilities manager. In 2008, Corporate Express was acquired by Staples. In 2011, at the age of 64, Mr. Nickel was suspended and fired. He sued Staples for age discrimination and harassment. The jury awarded him $26.1 million in damages.
For several years prior to his termination, Mr. Nickel received positive job reviews. But the employer wanted to get rid of older, higher paid employees. Mr. Nickel, an older and higher paid employee, refused to resign. He then began to experience harassment from co-workers and managers, including false accusations against him. He testified that his co-workers often referred to him as “old coot” and “old goat.” One employee, a receptionist at the company, testified that she was ordered by management to provide a false statement against Mr. Nickel, which she refused to do. The series of harassment culminated in Mr. Nickel being accused of taking a bell pepper worth 68 cents from the company cafeteria, being suspended, and then fired.
The employer denied that they did anything wrong, that Mr. Nickel took the bell pepper in violation of the company’s zero-tolerance policy on dishonesty and stealing.
After hearing the evidence and deliberating for two days, the jury awarded him $3.2 million in compensatory damages and over $22.8 million in punitive damages. The employer plans to appeal the award.
Mr. Nickel’s situation is certainly not unique. Age discrimination is a reality in the workplace. In this economic climate, some employers may claim business necessity as an excuse to get rid of older workers. However, the law requires employers to evaluate employees on the basis of their abilities and not their age. The law prohibits arbitrary age discrimination in employment, and employers cannot use age-based stereotypes or unsupported generalizations about the qualifications or job performance of persons who are 40 years or older. The law also protects against forced retirement based on advanced age.
Age discrimination may exist where an employee’s age was a motivating reason in the denial of an employment benefit. “Employment benefit” may include decisions regarding hiring, promotion, compensation, provision of a discrimination-free workplace, and freedom from termination.
Age-discriminated employees who can prove their case may recover back pay, reinstatement, damages for pain and suffering, attorneys’ fees and court costs, and punitive damages if a non-governmental employer acted with malice or reckless indifference.
Older workers are also vulnerable in other ways. They may be made to work long hours without being properly paid. In this instance, they are victims not only of age discrimination, but also of financial abuse. The Financial Elder Abuse law may provide senior employees with remedies in addition to those provided under anti-discrimination laws.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. Atty. Sayas’ Law Office is located at 500 N. Brand Blvd. Suite 980, Glendale, CA 91203. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com.
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C. Joe Sayas, Jr., Esq. is trial attorney who has obtained several million dollar recoveries for his clients against employers and insurance companies. He has been selected as a Super Lawyer by the Los Angeles Magazine, featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements, and is a member of the Million Dollar-Advocates Forum.