Dismissal of Age Discrimination Claim

Profile

Our partner is a hospitality service group who offers a broad array services to support the hospitality industry including event planning, marketing, and catering services.

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Problem

Simultaneously, as our partner came on board, they hired a 40+ year old employee to assist with office administration and billing efforts. Unfortunately, the position proved not to be a good fit. Nonetheless, our partner wanted to invest in their newest hire and a plan was established in which the new employee was moved to several different departments within the first 90 days to see if a fit within one specific job area would occur. Regrettably, nothing was a strong fit for this employee and eventually, after several verbal and written warnings were issued, the employee did not return to work and was terminated for being a no call/no show. This employee later filed a claim for age discrimination and the claim went to mediation.

Solution

Our knowledgeable HR team quickly stepped in to gather all evidence both from the introductory period as well as the days following the termination. After the employee had been terminated for a no call/no show, our team recruited a replacement and they chose to hire a new employee. UniqueHR helped research the past demographics of their hiring and firing practices and was successful in demonstrating that no malice was present. The company had a history of hiring workers from a pool of 40+ year old applicants, thus proving they had no issues with age.

As with all new partners, UniqueHR also reviewed their current employee policies and determined areas that needed to be re-written as well as content that was missing and needed to be added to their employee handbook.

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Our partner now has updated policies and procedures that are in place to help aid when claims such as the age discrimination claim are filed.

Result

Our partner now has updated policies and procedures that are in place to help aid when claims such as the age discrimination claim are filed.

 

 

“Without the aid of UniqueHR, I do not think we would have been properly prepared to present our case to the mediation board. I think their expertise and HR knowledge is worth its weight in gold!”


Jeremy S., Owner,
Hospitality Service Company
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