» Texas Age Discrimination Case Back in Court

Texas Age Discrimination Case Back in Court

Austin employment attorney and business lawyer, Gregory D. Jordan, comments on a recent case involving Dell, Inc.

Austin, Texas – The age discrimination case of William Wise v. Dell, Inc. just became more complicated when Dell filed a motion for new trial in 2011 after it disagreed with the jury’s decision in December. Wise was terminated by Dell as a technical sales representative in its federal accounts division in June 2008, when he was 61 years old. He had an 11-year career there and felt he was a fired due to “a manipulation of the sales data as a pretext for firing him on account of his age”.

The jury found that age was a motivating factor in Dell’s decision to terminate Wise and awarded him $668,019. The jury sided with Wise and agreed that he was replaced with a younger worker and suffered mental anguish.

However, Dell contends that the evidence Wise and his attorneys had was threadbare and expert witness testimony unreliable and insufficient to prove age discrimination. Dell’s attorneys stated, “There is no evidence to suggest that Dell’s reason was false or that any similarly situated younger employee was treated more favorably than Wise.” Dell argued Wise did not act on the recommendations of his employer’s performance improvement plan and was the only TSR to fail to achieve his sales quota for more than three consecutive quarters. Dell asserts that the court should decide a take-nothing verdict in Dell’s favor or begin a new trial.

“Age discrimination cases frequently rely on circumstantial evidence and can be extremely complicated,” said Gregory D. Jordan, Austin employment attorney. “You must have the right representation to aggressively fight for your interests whether you are an employee or employer. In these types of cases, it is crucial to have an attorney who knows how to connect all of the dots.”

Many laws prohibit employment discrimination and harassment. For example, an employee cannot be discriminated against on the basis of his or her age, race, gender, pregnancy, disability, or religion. “If an employee believes his employer has engaged in illegal conduct or a business just wants to ensure compliance with the law, both would be well served to consult a knowledgeable employment lawyer,” Jordan said.

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