John, a white, 30 year old college graduate, got a job as a sales representative at Widget World. After one year on the job, John was the top sales rep in a sales department of 15 persons. However, the company was suffering some financial losses and decided to reduce the sales force by 20%. In the past, the company had a policy of employing a "seniority system" when it came to workforce reductions. In keeping with that system, Widget World "laid-off" the last three sales reps hired, including John. John filed a lawsuit against Widget World for wrongful termination. John will likely:

John, a white, 30 year old college graduate, got a job as a sales representative at Widget World. After one year on the job, John was the top sales rep in a sales department of 15 persons. However, the company was suffering some financial losses and decided to reduce the sales force by 20%. In the past, the company had a policy of employing a "seniority system" when it came to workforce reductions. In keeping with that system, Widget World "laid-off" the last three sales reps hired, including John. John filed a lawsuit against Widget World for wrongful termination. John will likely:

win, because once he was hired, John had a right to retain his job as long as his job performance was satisfactory

win, because by firing the younger sales staff Widget World is engaged in illegal age discrimination.

win, because he was the top sales producer in the department and someone with lesser qualifications should have been let go.

lose, because of the employment-at-will doctrine.

lose, because he must first present his case to the EEOC.