Age and Disability Discrimination?

[highfreq]

What is the name of your state? Washington State.

A former employee is planning to pursue a wrongful termination case against my company, on grounds of age and disability discrimination.

He 40 some years of age, and worked for the company for 5 weeks. His performance was mediocre. He lacked ambition, and dealt with personal matters at work excessively. I talked to him about the issues the day before the termination. During this conversation he mentioned that he was struggling with a specific mental disability (he told me the specific one). Later that day I made the decision to fire him based upon his poor performance, and did so the next morning.

In the letter I'm misquoted me as saying that old people are incompetent. Of course, I didn't say this, or anything with the same meaning.

I am going to be talked to a lawyer obviously, but would like to get some "free" advice as well.

It seems pretty rediculous to claim I fired him because of his age. After all, I hired him just 5 weeks ago. On the other hand the other three of us are all under 30.

The mental disability thing really irks me, because I now feel he brought it up specifically as a trap. It was the first time I remember him mentioning it, and

How strong might his case be?

 

[Beth3]

The age discrimination thing is a no-brainer for you to beat. Obviously if his age was an issue, you wouldn't have hired him just five weeks earlier. End of discussion on that one.

As to the potential disability discrimination, that one's trickier and VERY fact specific. The first thing your attorney should do is to determine whether whatever mental condition this guy has even qualifies as a disability under the ADA and/or your State's fair emloyment reg's. Just because the guy has some sort of mental health problem or mental impairment does not mean that it actually meets the definition of a disability under the law.

What the attorney needs to do at this point is make sure you have your "ducks in a row" documentation-wise and then do nothing until and unless a discrimination complaint actually shows up. Many a disgruntled ex-employees leaves vowing vengance ("You'll be hearing from my lawyer") and is never heard from again.

 

[highfreq]

I forgot to mention we were a 5 person company.

Company's under 8 employees seem to be exempt from the Washington State discrimination laws (RCW 49.44.090 and RCW 49.60.180) under which the former employee wishes to assert a claim.

I'm just pissed his lawyer either failed ask our companies size, or decided to purposefully waste my time and money.