Judge Increases Payout In RadioShack Retaliation Case
A federal judge ordered RadioShack to pay a former employee nearly $675,000 after a jury found the retailer guilty of retaliation under the Age Discrimination in Employment Act (ADEA).
The judgment, a big increase from the jury’s earlier award of more than $187,000, was in lieu of ordering RadioShack to reinstate David Nelson, who had worked at the company for 25 years before being fired for reporting discrimination by his manager.
The case was brought by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of Mr. Nelson, who was placed on two “performance improvement plans” soon after getting a new, younger supervisor — even though Mr. Nelson had a spotless performance record. When Mr. Nelson told his human resources department that he believed the action was age discrimination, RadioShack quickly fired him.
RadioShack’s conduct was willful retaliation, the jury found, and violated the ADEA. The jury awarded back pay to Mr. Nelson; the judge added “front pay” plus an additional $100,000 to cover taxes on the one-time payout.
Now Mr. Nelson will “be able to look forward to some semblance of the retirement plans he had before he was fired,” said Bill Moench, one of two EEOC trial attorneys on the case.
The Employment Law Group® law firm has an extensive discrimination practice and has broad experience fighting for the rights of employees who have been victims of discrimination and retaliation by their employers.