Was the Firing of a Warehouse Worker Really Because He Stole Candy (Pretext) or Did the Company Want to Shed an Older Employee?

Tomas Alarcon, 59, alleged that Professional Plastics Inc., fired him because of his age and tried to cover it up by claiming that the basis for his termination was stolen candy. Alarcon worked for nine years in the shipping department and admitted that he took a small box of candy from a communal table where the sales staff put vendor food gifts to share with employees. Alarcon stated that the company had no policy regarding the table offerings and it was his understanding that the food was there for the employees’ taking. Tomas alleges that one of the reasons he was terminated was because he suffers from an abdominal condition that limits his ability to work. The company discovered the condition six months prior to his firing. According to the complaint, as soon as Alarcon told his supervisor that he was suffering from abdominal pain related to stress at work, which prevented him from taking on more responsibility, his manager took away his existing responsibilities, reduced his overtime and gave his tasks to younger workers. Alarcon claims that he was fired because of his age. He was significantly older than his co-workers and was replaced by substantially younger and less experienced employees. Tomas consistently received favorable performance appraisals and raises for good work and an assurance from a company executive years earlier that he would have a job with the company for as long as he liked, according to the complaint. Alarcon alleges that his discriminatory firing violated an implied agreement that he would not be terminated without good cause, as evidenced by the company executive’s statement, his longevity of service, and his history of pay raises and promotions. The suit alleges that the company violated state labor law prohibiting disability and age discrimination and seeks more than $1 million in damages. Recommendations:

1. Have a written policy regarding gifts from vendors shared amongst employees.
2. Train all managers/supervisors not to make statements regarding terms of employment. This is the sole domain of “C” level employees and changes must be reflected in the employee handbook.
3. Train managers/supervisors to communicate with human resources whenever an employee mentions a disability affected by work.
4. Train managers/supervisors on basics of age and disability discrimination and the processes that must ensue when the company has notice of a possibly disabled employee.