Case details

Manager: Company replaced him with younger employee

SUMMARY

$1030000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In April 2010, plaintiff Frank Allen, 54, a manager at a RadioShack store located at 938 Market Street, San Francisco, was fired. He claimed that he was replaced by a 23-year-old, who allegedly told him the company wanted someone with “younger ideas.” Allen sued Radio Shack Corp. for age discrimination, race discrimination, retaliation, wrongful termination and various other related causes of action. Allen claimed that he had worked for Radio Shack since 1998, but that in December 2009, a RadioShack vice president visited the store and inquired how long he had been employed, and allegedly looked him up and down and told him, “You may have a year left [with the company].” Allen also claimed that several weeks before his April 2010 termination, his future 23-year-old successor, the manager of another store, telephoned him and told him the company wanted “some younger ideas” at Allen’s store. Defense counsel contended that the same vice president visited the store a few weeks after the December 2009 encounter and complimented Allen on the store appearance. However, counsel argued that regardless of anything the vice president may or may not have said, the vice president was not involved in Allen’s termination. RadioShack also denied there was any discrimination against Allen, and claimed that Allen was fired for failing to protect company assets. Specifically, RadioShack claimed that Allen had a long history of violations of company procedures related to loss prevention and asset protection culminating in an incident three weeks before Allen’s termination, where Allen’s senior manager visited the store and found a large amount of money in Allen’s unlocked desk, instead of in the cash register. The visiting manager also allegedly saw an employee with $1,000 in bills in her pocket. In response, Allen claimed that his supervisor had approved his actions of keeping petty cash and coin rolls in his managers’ desk for customer change, as the store was a very high cash volume store. However, RadioShack denied any such approval, and contended that Allen had been reprimanded for similar conduct in 2003 and related conduct numerous times leading to his termination., Allen was terminated from his position in April 2010. He subsequently sought recovery of damages for his past and future loss of wages and emotional distress. He also sought recovery of punitive damages.
COURT
United States District Court, Northern District, San Francisco, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case