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  • Writer's pictureDavid Manes

Supervisor Allegedly Adds Older Employee To “Layoff Roster” Due To “Business Results.”


Employee Files Lawsuit Against IBM For Age Discrimination

Joseph, a 54-year-old Cloud Advisor, was terminated from his position at IBM after he continually pointed out the discrepancies between the treatment he received compared to younger employees. In 2012, Joseph was hired as an IT architect. Within three years, his excellent work rankings and lack of disciplinary action nominated Joseph for a transition to Cloud Advisor.

older employee working at laptop

A year later, a major client account was transferred from Joseph to a younger employee. Joseph couldn’t make sense of why this had occurred since Joseph was not only qualified, but also had a lot of experience with regional financial companies. According to Joseph, this younger employee had no experience working in this region. During his monthly one-on-one meeting with his supervisor, Joseph suggested that the reason the major account had been moved was due to age discrimination. His supervisor didn’t agree or disagree, but she did begin to place herself onto Joseph’s accounts as back up. She allegedly professed that her boss wanted her to be involved in accounts. But, Joseph noticed that his supervisor didn’t add herself to any of the younger employee’s accounts.

Joseph continued to question the discriminatory practices that he was subjected to. One day Joseph complained to his supervisor again, who then allegedly informed him that he’d been placed on the “layoff roster” due to “business results.” One day Joseph complained to his supervisor again, who then allegedly informed him that he’d been placed on the “layoff roster” due to “business results.”Joseph shared how his supervisor refused to explain what “business results” meant when he asked her. When Joseph requested a copy of the layoff roster and the corresponding ages of the employees on the list, his supervisor denied the request. And yet, Joseph recalled that his supervisor failed to deny his spoken belief that age discrimination was occurring.

Aware that he was likely to lose his job, Joseph internally applied for other IBM jobs. He explained how he applied for almost a dozen jobs but never even received an interview. And then, his supervisor presented him with a stack of papers to sign, including a severance package and a release of any claims he might have against IBM. Joseph’s supervisor allegedly informed him that if he didn’t sign the papers that he would be terminated. When Joseph didn’t sign the papers, he was fired.

Joseph believes that he was fired due to his age. He had never been disciplined, put on a performance improvement plan, or warned that his business results were not meeting standard before IBM terminated him. KM&A champions the employee rights of men and women like Joseph who have dealt with age discrimination.

Full text of this complaint, as filed with the District Court for the Western District of Pennsylvania, is available at docket no: 2:17-cv-01250-CB

Kraemer, Manes & Associates LLC is an employment law firm with principal offices in Pittsburgh and Philadelphia, serving all counties in Pennsylvania, focusing on employment law, business law, litigation, and civil issues. KM&A clients include employees, small businesses, parties in litigation, and people with a variety of legal issues.

For more information about this case, contact Attorney Kayla Drum at 412-626-5594 or at

NOTICE: All information contained in this statement comes from the Complaint which has been filed as a public record with the court. As dedicated civil rights attorneys, we strongly believe in the public value of telling our clients’ stories: violators can be held accountable, and other silent victims can feel empowered to stand up for their legal rights. Although we make every attempt to verify our clients’ claims, note that the defendant is expected to oppose our client’s position, and the court has not ruled one way or the other as of the date of this statement.

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