Company sued over president’s napkin
October 28, 2009 by Sam NarisiPosted in: Age discrimination, Employment law, HR Tech, In this week's e-newsletter - Tech
Warnings about bad documentation often involve high-tech situations — for example, watch what you e-mail, since it creates a permanent record. But managers need to be careful of how they handle more primitive documents, too.
In this recent case, notes scrawled on a napkin ended up getting a company dragged into court:
The company’s VP of Technology worked for the employer for 17 years with no problems — until a new president was brought in.
The VP disagreed with the president on several things, and received an uncharacteristically negative review from the president.
Faced with financial problems, the company brought in a management consultant to meet with the president and other decision-makers. One decision that came from that meeting: The VP of Technology was fired.
He was told it was because he wasn’t the type of leader the company wanted. But he thought it was because of his age (he was 58 at the time, and the company replaced him with a 45-year-old) and sued. He won. Why?
Evidence presented included notes the president wrote on a napkin while meeting with the consultant. The scribblings included a note that the company’s execs should be “young, energetic” “future people.”
After seeing that, the judge agreed age likely influenced the president’s decision.
Cite: Inman v. Klockner Pentaplast Of America, Inc.
Tags: documentation, firing, notes



November 4th, 2009 at 8:49 am
Shame, shame, shame. One would think a president of a company would know better- or should anyway. Must have had the big-head power trip or something, thinking he was above the law and couldn’t be touched.