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Newsletter #54 April 30, 2019 |
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| Court OKs $258K Jury Award in GNC Suit Alleging Age-Based Discipline
By Lisa Burden
Published April 18, 2019
Brief: - The 3rd U.S. Circuit Court of Appeals affirmed a jury's $258,000 award to a former manager for General Nutrition Corp. (GNC) who claimed his employer discriminated against him based on his age (Andujar v. General Nutrition Corp., No. 18-1715 (3rd Cir. April 12, 2019)).
- Santos Andujar managed a GNC store for 13 years before the company fired him at age 57, according to court documents. Andujar allegedly received below passing marks on his performance evaluations for four years in a row and failed to make improvements within the timeframe allotted. When GNC replaced him with a man in his twenties, Andujar sued and a jury awarded him more than $258,000 in back pay, front pay and emotional damages.
- On appeal, Andujar was able to show he was the only store manager in his region placed on an action plan or fired, even though others — all of whom were significantly younger — had failing scores, the court said. GNC argued that the other managers weren't proper comparators but the appeals court disagreed, saying the jury sufficiently concluded that Andujar and the other store managers were similarly situated and that his treatment differed because of age. "Companies have the right to discharge their employees for poor performance, but they can't excuse the shortcomings of younger workers while bringing down the hammer on older workers," the court said.
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| | | Training Focus: Managing Organizational Change
Equip your supervisors, managers and HR leaders with the tools to successfully and seamlessly implement change initiatives.
Change management is a term that is used freely. Sometimes it's a scapegoat for less than stellar results: "That initiative failed because we didn't focus enough on change management." And it's often used as a catch-all for project activities that might otherwise get overlooked: "When we implement that new process, let's not forget about the change management."
It's a noun: "Change management is key to the project." It's a verb: "We really need to change manage that process." It's an adjective: "My change management skills are improving."
In this course, participants will learn how applying a simple model can make change initiatives successful.
After completing this course, participants will be able to:
- Describe a change model that will help increase change implementation success
- Recognize and avoid costs associated with poor change management
- Leverage tools for building sponsorship
- Determine the best change approach
- Manage resistance to change
- Build a change communication plan
- Set the stage for sustaining change
Register Today! May 15, 9:30 - 4:30
Fickling Building, Downtown Macon
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