BLAWQUESTION

Harry Reid has been employed by Simpson Securities for 42 years as a stockbroker. He was 26 years old when they hired him. Within the last few years, Harry has not done so well on his job. His client base is dwindling. There have been complaints of his not responding to e-mails and phone calls from current clients. He often comes in late to the office and frequently leaves early. Harry looks worn out and tired. Harry’s manager had a meeting with the Director of Human Resources about what to do with Harry. A “game plan” as to how to handle Harry Reid was devised by those attending the meeting. As a result, Mr. Reid was called into the Human Resource office by Joe Nash, Simpson Securities’ Benefits Specialist. He sat Harry down and asked him to retire. Joe Nash reviewed the benefits that Harry would receive from the company and from Social Security. This monthly total was 20% greater than what Harry was making working full time. Joe had a retirement letter all typed out and ready for Harry to sign. A nervous and rather depressed Harry hesitatingly signed the letter that stated his retirement would be effective in sixty days. Tears came to his eyes when he left the room.

Afterwards, Harry wished that is late wife of thirty years was still alive. He had no one to turn to. Harry said nothing to anyone for a month and then he decided to contact his old friend Bill O’Reilly whose son Tom was an attorney. Two days before the retirement date, Harry met with Tom and a day later when Harry became his client, Tom contacted Simpson Securities. They were adamant and stated that they expected Harry to clear his desk out the next day. Tom filed a lawsuit on Harry’s behalf for job reinstatement and monetary damages.

1. You are the Judge and Harry’s case comes before you. (Reid v. Simpson Securities) In a paragraph or two explain how you would rule in this case. For Mr. Harry Reid or for Simpson Securities? Indicate what specific law(s) are involved.

2. Comment in a paragraph or two on the way Simpson Securities handled this employment matter. Give some suggestions as to how they should deal with such situations in the future.