A fifty-eight-year-old sales representative was placed on a PIP on May 1. He was

Question

A fifty-eight-year-old sales representative was placed on a PIP on May 1. He was a good team player, always on time for meetings, but his sales numbers were low. His May numbers slightly improved, so his manager extended the PIP for June. Then his June numbers went backwards, and his manager placed him on a final PIP on July 1. For July, the sales representative went over quota. Then for August, September, and October, he averaged 25% of quota each month. By the end of October, the manager called the sales representative into his office and terminated him for poor performance. The sales representative was shocked that he was terminated and concluded that he was being terminated because of his age.

1. What could the sales manager have done in this situation to mitigate the risk of a law suit or at least have a strong defense?

2. Using the posted template for a final PIP, what three actions would you give this employee?

Explanation / Answer

1. The manager in order to have a strong defense needs to compile the performance details of the employee and display or portray how it has gone down with time and the manager also has to be ready with instances where there are employees of the same age who have been working with the organization and is successful. The objective in this case is that to prove that performance is the only parameter that has been used in this context text to terminate and not the age of the employee.

2. If the employee has been given a final PIP, I would assign the employee to display the potential that he possess in order to work and be successful as an employee in the organization which will ensure that the employee still has efforts to provide to the organization and work for the betterment of the organization as well. I believe if the employee is able to showcase that he can make things better for the organization, the organization is bound to be retained by the organization if the sole reason of his termination is performance.

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