Reorganizing workforce due to slumping auto sales
DeLormer is sales manager for Fast Freddy’s Auto Sales, a local car dealer selling Kia, Hyundai, and Subaru cars. Fred Fischer, the owner of Fast Freddy’s, decides to reorganize his workforce due to slumping auto sales. Fischer tells DeLormer, who is sixty, that his job will be eliminated, and the position’s duties will be consolidated with those of the service manager position. Fischer also tells DeLormer that the new position will be filled by Gains, the current service manager, who is forty-two. DeLormer feels that he is being terminated because of his age. Does DeLormer have a good case? Explain your answer.
They are both in the protected age category. That doesn’t mean there isn’t a case. The key phrase is the person who must you are comparing must be subsisting younger. In the 3rd circuit says if you are comparing to people and there are 3 years apart then you can have a case.
