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"Obsolete Skills" Beat Discrimination Claims in ADEA Case

In 2005, MCI Communications Services hired 54-year-old Guy Martino as a "business solutions consultant" (BSC) to provide support to its sales teams. MCI's compensation system awarded credit to consultants when sales teams performed well, and Martino's numbers for the year were well above quota.

But in January 2006 MCI merged with Verizon. Verizon sought to sell more complex services and required its BSCs to become directly involved in the sales process.

Gaye L. Huxoll, a shareholder at Littler Mendelson, believes MCI/Verizon's documentation of why it chose Martino for termination played an important role in the case. "The employer was able to articulate what his deficiencies were and why Martino was selected to be included in the RIF," she says.

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