Warren’sdefense in based on “for the good cause” principle. This requireshim to show that any other employee regardless of age gender of anydiscriminatory aspects would have been subjected to the sametreatment, termination, in the existing circumstances. The decisionto fire Carter is inspired purely by economic reasons alone.Additionally, the employee was hired “at will” and there is nobreach of a signed written contract or any implied contract thatpromises job security to the employee or addresses the issue of age.If the employee understood and knew that employer-employeerelationship was at-will, then even the reasons for firing need notbe considered (Falcone p.9). Being hired at-will gives the employerthe right to fire the employee for any reason that is not illegal(Guerin, p.27). Furthermore, the fact that he was hired at-will onlytwo years ago by the same person negates the idea that the sameperson would consider age as a basis of firing him. However, Warrenmust proof that the layoff was motivated by financial constraints byshowing that the layoffs were across the board or no other employeeswere hired. The employee can only counter this with proof of contractor implied that changed the at-will relationship.
Thisdefense is helpful to the case. The fact Warren’s actions aresupported by the ADEA laws means that his actions are within the law.Providing an actual court case, Vilcins v. City of Chicago, tosupport such a claim is very convincing.
Thesame actor defense supports Warren’s actions. It shows that theemployer was not motivated by age when hiring the employee two yearsearlier and the same was not a motivating factor in firing him.Another important issue raised is on following a specific procedure.I think what should be emphasized more here is that the firm oremployer must have an established process of effecting layoffs andevidence of following such a procedure in firing Carter must beprovided.
Falcone,P. (1999). Onehundred and one sample write-ups for documenting employee
performanceproblems.New York: AMACOM Div American Mgmt Assn.
Guerin,(2007). create your own employee handbook: a legal & practicalguide for employers.