WRONGFUL TERMINATION :
SPENCER V. STUART HALL CO. & NEWELL CO.
Plaintiff alleged wrongful termination by defendant employer due to age discrimination. Plaintiff had been employed by Defendant Stuart Hall Co., whose parent company is Defendant Newell Co., for 25 years, and was working as a supervisor when laid off during a work force reduction.
Fifty-four-year-old Plaintiff alleged selection for layoff was based on age. Defendant alleged Plaintiff was laid off for poor work performance. Plaintiff was terminated four months after layoff. All parties stipulated to $39,573 as the potential back pay amount, and jury was asked only to decide if statute had been violated and if such violation was willful.
Verdict: Jury found a willful violation of statute by Defendants. Penalties and attorneys’ fees to be assessed by the Court.