Job termination and age discrimination

By — on / Daily, Negotiation Skills

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Termination Tempest is a four-person, two-team settlement negotiation between a terminated employee and counsel, and the former employer and counsel, regarding possible settlement of an age discrimination lawsuit.

Overview: Pat Thibideau had worked at Kane Restaurant Supply for fifteen years before being terminated at age 66. Thibideau sued Kane under the Federal Age Discrimination Act, alleging that the termination was pursuant to Kane’s illegal mandatory retirement policy.

The case has been in court for approximately one year, and substantial discovery has been completed. At Kane’s suggestion, the parties and their counsel are now meeting to discuss settlement.

Teaching points include: the value of exploring the interests underlying stated positions; the value of generating creative options for resolution; the tensions inherent in principal-agent relationships; and the power of apology.

Teacher’s pack includes:

  • General instructions
  • Confidential instructions for Thibideau
  • Thibideau’s counsel, Kane, and Kane’s counsel
  • No teaching note currently available

To purchase this role simulation, click here.

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