Answered Essay: Les Partain, manager of the training and development department for Gazelle Corporation,

Les Partain, manager of the training and development department for Gazelle Corporation, was 64 years old and had been with the firm for more than 30 years. For the past 12 years he had served as Gazelle’s training and development manager and felt that he had been doing a good job. This belief was supported by the fact that during the past five years he had received excellent performance reports from his boss, LaConya Caesar, HR director. Six months before Les’s birthday, he and LaConya were enjoying a cup of coffee together. “Les,” said LaConya, “I know that you’re pleased with the progress our T&D section has made under your leadership. We’re really going to miss you when you retire this year. You’ll certainly live the good life because you’ll receive the maximum retirement benefits. If I can be of any assistance to you in developing the paperwork for your retirement, please let me know.” “Gee, LaConya,” said Les. “I really appreciate the good words, but I’ve never felt better in my life, and although our retirement plan is excellent, I figure that I have at least five more good years. There are many other things I would like to do for the department before I retire. I have some excellent employees, and we can get many things done within the next five years.” After finishing their coffee, both returned to their work. As LaConya left, she was thinking, “My gosh, I had no idea that character intended to hang on. The only reason I gave him those good performance appraisals was to make him feel better before he retired. He was actually only an average worker, and I was anxious to move a more aggressive person into that key job. We stand to lose several good people in that department if Les doesn’t leave. From what they tell me, he’s not doing too much of a job.” From a legal viewpoint, what do you believe LaConya can do regarding this situation? Discuss. What actions should LaConya have taken in the past to avoid her current predicament? What might occur if LaConya begins to evaluate Les in the manner she should likely have been doing all along?

Expert Answer

Answer

. From a legal viewpoint, what do you believe LaConya can do regarding this situation? Discuss.

There is no doubt that LaConya has the right of firing Les. This will facilitate the promotion opportunities to the other employees in the organization. The only issue in this regard which can be faced by LaConya is that Les has the option of suing LaConya on the basis of age discrimination charge against the company. The age can be seen as the main reason for firing by the members of the jury as there was no negative response for Les in performance appraisal.

2. What actions should LaConya have taken in the past to avoid her current predicament?

There must be a proper evaluation of Les by LaConya over the years. As per the Employment Act, no upper limit of age discrimination is mentioned so it is advisable that LaConya should wait until Les attains the age of 65-70 years so that the retirement can be forced. In fact, she has to carry her mistakes in all this time.

3. What might occur if LaConya begins to evaluate Les in the manner she should likely have been doing all along?

If there is an evaluation of Les from LaConya and it was found that everyone was wrong then it is possible that Les can be retained in the organization for the next 5 years. The new ideas can be developed in the organization due to the expertise off Les and it could result in improved productivity, services and revenue generation. If these results are not accomplished by Les then the option of demoting him is always there with LaConya or even she can fire Les. All these decision must be based on the performance of Les rather than the opinions of others.

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