Human Resources Outsourcing Case Study

Age Discrimiation

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

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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.

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PROBLEM
A claim for age discrimination by a disgruntled employee was filed.  An older worker had been hired by the manufacturing company.  The initial position proved not to be a good fit.  Wanting to invest in their newest hire, 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.  Unfortunately, quality control was not a strong suit for this employee and eventually, after several verbal and written warnings, a suspension was issued, the employee did not return to work and was terminated for being a no call no show.

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SOLUTION
Regarding the claim for age discrimination, the terminated disgruntled employee sought representation and the claim went to mediation.  StaffScapes gathered all evidence both from the probationary period as well as the days following the 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 that no malice was present.  The company had a history of hiring workers from a pool of older applicants thus proving they had no issues with age.

In addition, StaffScapes reviewed the current policies and procedures in place and determined areas that needed to be re-written as well as content that was missing and needed to be added to the current handbook.  This was done to ensure things would not be an issue in the future.

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RESULT
The Design company now has updated policies that are put in place to help aid when claims such as the age discrimination claim are lodged.  StaffScapes was able to prove to the mediation advocacy group that older workers had been previously employed and were currently employed and that the termination was not based upon the issue of age.  “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.” said John, owner of the design company.