GRANNY GETS CANNED

Screenplay

Cast:

Karia 31-year-old office manager

Joea 28-year-old office worker

Susana 53-year-old analyst

Elizabeththe HR department manager

Scene:

In Kari's office.Kari is on the telephone, wiping spilled coffee off her blouse.

KARI: No, as a matter of fact, this is not a good time. I just walked through the door and spilled coffee on myself. I have an important meeting to get to, and I need to pull some things together to get ready. I'll call you back.

Kari hangs up the phone as Joe walks into her office.

JOE: Knock, knock. What happened to you? You look terrible.

KARI: Geez, thanks. I bet you say that to all the girls. I'm late, scalded, and generally irritable. What do you want?

JOE: I've got a question. Are you still planning on using that PowerPoint deck for the meeting with the execs today?

KARI: Yes, why?

JOE: Because Susan actually hasn't put it together yet. You know she made some big mistakes last time. It cost the company a lot of money to fix it for the clientnot to mention our reputation taking a hit.

KARI: What?! She's known about it for three days!

JOE: I know, I heard her yesterday, griping about it. Saying she's got too much to do and she doesn't know what her priorities should be and she hasn't had the training or feedback.

KARI: Aww, gimme a break . . .she's always got an excuse!

JOE: She's just too slow. She doesn't understand our software.

KARI: You know, when she applied for this job, she said she could multitask, but that woman cannot blink and breathe at the same time. She completely screwed up last month's budget becauseget thisshe said she's not that great at Excel. I mean, hello? This is the age of computers, granny! It's half the job!

Kari calls Susan on the telephone.

KARI: Susan, I need you in my office ...now!

Joe hears Susan's muffled assent, and Kari hangs up.

JOE: What are you going to do?

KARI: Do me a favor, would you? Just get Mary to throw that PowerPoint deck together. I'll handle Susan.

Susan leave Kari's office. Kari gets on the telephone and calls HR.

KARI: Hello, Elizabeth. Kari here. Listen, I finally fired Susan. I'm calling to let you guys in HR know.

Pause, Elizabeth speaking but unheard.

KARI: Well, I didn't think I needed to call security. You know, I like to keep things informal.

Pause, Elizabeth speaking but unheard.

KARI: What do you mean, other warnings? I've called her out many times for her mistakes. No, we've never had a disciplinary meeting or whatever . . . she just screws everything up. She's way too slow. And get thisshe just called me a jerk!

Pause, Elizabeth speaking but unheard.

KARI: What? How many employees in my department are over 40 years old? None, now that I've fired Susan.

Pause, Elizabeth speaking but unheard.

KARI: I do not have a problem with older people. I hired her.

Pause, Elizabeth speaking but unheard.

KARI: What a stupid question. I have had sensitivity training. WITH YOU!

Pause, Elizabeth speaking but unheard.

KARI: Yeah, she did just get back from taking family and medical leave for two weeks to care for her daughter, who was sick with cancer. Now you're worrying too much.

Pause, Elizabeth speaking but unheard.

Elizabeth hangs up the telephone on Kari.

KARI: Hello, Elizabeth, are you there?

1. In this scenario, Kari makes light of the Employee Handbook. Kari should not do this, because under federal employment law, a company's Employee Handbook ______________.

• Is always interpreted in favor of the employee over the employer
• Protects workers over 40 years of age under the Age Discrimination in Employment Act
• Provides triple damages in age discrimination cases
• Can be an implied contract to which the employer and the employee are bound

2.Susan tries to explain to Kari that her job duties were unclear. If Susan sues for discrimination under the ADEA, this fact __________.

• May help Susan if employees under 40 years old were given express instructions about job duties and she was not
• Will not help her, because it was Susan's duty to ask about her job performance
• Is irrelevant to the case
• Provides a defense for Kari and her company

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3. Kari tells Susan that she is being fired because she is not getting the work done, talking too much about relatives, and not pulling her weight on her team. According to the ADEA, which of the following statements pertains to these facts?

• They establish the prima facie case of age discrimination.
• They are mixed-motive defenses.
• They are immaterial to Susan's case.
• They are sufficient defenses to Susan's claim of age discrimination.

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3. If Susan sues but fails to make her case for age discrimination, she might still make a case for _____________.

• Breach of the warranty of good faith
• Restitution due to her need to support her daughter
• Retaliation due to her recent leave under the Family and Medical Leave Act
• Gender orientation discrimination due to her recent leave under the Family and Medical Leave Act

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3. A good defense for Kari against any lawsuit by Susan for age discrimination is the ________ defense.

• Same department
• Same gender
• Same company
• Same actor

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3. IIf Susan's claim of age discrimination does not prevail, she might win a case for ____________.

• Wrongful discharge
• Breach of the duty of good faith and fair dealing
• Intentional interference with a contract
• Gender plus discrimination

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3. It appears from this scenario that Kari had never formally evaluated Susan's work performance. Performance reviews are not required by the law. What additional information would help Kari to defend herself in a lawsuit?

• Evaluations were given to every employee except Susan.
• The company mandates performance evaluations for all employees.
• Susan never asked for a performance evaluation.
• No evaluations were given to any employees.

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3. Kari intended to write up a report of Susan's poor performance after the fact, that is, after Susan had been fired. What would be the effect of this action in a subsequent lawsuit?

• A jury would put great credibility on a formal written performance appraisal written shortly after an employee was terminated.
• A jury would put no credibility on a formal written performance appraisal written shortly after an employee was terminated and prepared in anticipation of a lawsuit.
• It would have no effect, because under the ADEA no performance appraisals are allowed to be submitted as evidence in a lawsuit.
• A judge would not allow a performance appraisal to be admitted under the "best evidence" rule.

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3. In this scenario, Susan could be determined to have engaged in __________.

• Malingering
• Bad faith
• Insubordination
• Negligence

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3. In a lawsuit by Susan against Kari's company, the fact that there are no employees over 40 within Kari's department is most likely ____________.

• Immaterial, as Susan is being fired for legitimate performances issuesbeing slow, making mistakes and not pulling her weight
• Material, as it could be used to show age discriminationmore facts are needed
• Immaterial, because Susan is not old enough to make a case for age discrimination
• Material, because it directly shows age discrimination