54. Frank, aged 60, was an executive chef at a Zagat-rated Philadelphia restaura

Question

54. Frank, aged 60, was an executive chef at a Zagat-rated Philadelphia restaurant for 8 years. He often received many compliments from his customers and the restaurant's business was booming. In January of 2014, the owner appointed 37-year-old Alice as Frank's supervisor. In March of 2014, Alice told Frank that the restaurant was moving in a different direction in the future. In April of 2014, Frank was replaced by a 45-year-old executive chef from New York. The restaurant contends that Frank does not have a prima facie case because his replacement is in the protected class – is this a sufficient defense and explain why or why not with supporting information?

Explanation / Answer

Hi,

Thanks for the question.

Since this is the company's policy to replace the employee with the sufficient notice period, Frank doesn't has a case in this. However, the reason that was given by the company is not sufficient. If the Frank is not being treated with the legal notice, then Frank can make a case of this situation.

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