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IBM Fired Me Because I'm Not a Millennial, Alleges Axed Cloud Sales Star in Age Discrim Court Row (theregister.co.uk) 322

A laid-off IBM cloud sales ace is suing the IT giant for age discrimination, alleging he was forced out for being too old. From a report: Jonathan Langley joined Big Blue in 1993, and worked his way up the ranks over the next 24 years. Then, in 2017, as worldwide program director and sales lead of the Bluemix software-as-a-service, he was let go. According to his lawsuit paperwork, Langley, 60, "was a successful employee and his performance met or exceeded IBM's expectations." Had he "been younger, and especially if he had been a millennial, IBM would not have fired him," his filing claimed.

Langley, of Texas, USA, was seemingly doing very well for himself within Big Blue. For instance, he netted a $20,000 performance bonus in January 2017, the largest such windfall within his team in Austin, we're told. His annual performance scores put him at the top or near the top of his group. Curiously, the month before, though, he was warned privately by his boss's boss -- Andrew Brown, veep of worldwide sales of IBM's hybrid cloud software -- that he needed to look for a new job, it is claimed. At the end of March 2017, Langley was formally told he would be laid off at the end of June. Langley was unable to get a role elsewhere within IBM, and its HR system marked him as having "resigned," it is claimed. In early July, days after he left the business, Langley got a letter congratulating him on his "retirement." IBM management told the US government's Equal Employment Opportunity Commission that Langley was laid off after his supervisor Kim Overbay ranked him, in January 2017, as the worst performing person on his team, despite him bagging the biggest bonus that quarter, and earlier meeting or exceeding performance expectations, according to the lawsuit.

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IBM Fired Me Because I'm Not a Millennial, Alleges Axed Cloud Sales Star in Age Discrim Court Row

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  • Someone at IBM (Score:5, Insightful)

    by war4peace ( 1628283 ) on Wednesday July 04, 2018 @12:38PM (#56892152)

    Someone at IBM is very, very stupid for having fired that dude, if data he used as evidence can be confirmed.

    • Re:Someone at IBM (Score:5, Insightful)

      by lgw ( 121541 ) on Wednesday July 04, 2018 @12:49PM (#56892226) Journal

      Clearly, the penalties for age discrimination aren't scary enough, for IBM to be so blatant. I'm guessing corporations currently don't fear juries as long as the victim is an older white male.

      • Re:Someone at IBM (Score:5, Insightful)

        by voss ( 52565 ) on Wednesday July 04, 2018 @03:17PM (#56892836)

        Its not white or male. Old is an image thing even though the research doesnt bear it out. They'll discriminate against an older woman just as easily

        • by lgw ( 121541 )

          What does that have to do with what juries are sympathetic towards? Juries are more sympathetic to women (including older women), so I suspect corps are more hesitant to unfairly fire them.

    • Re:Someone at IBM (Score:5, Insightful)

      by PolygamousRanchKid ( 1290638 ) on Wednesday July 04, 2018 @01:47PM (#56892490)

      Someone at IBM is very, very stupid for having fired that dude, if data he used as evidence can be confirmed.

      FTFA:

      In August, 2016, IBM Marketing Manager Erika Riehle stereotyped Boomer employees as contributing to five workplace “dysfunctions.” Boomers were allegedly less trusting of their coworkers, less collaborative, less committed, less accountable and less attentive to results. Compared to younger employees, IBM found that Boomers were the least likely to understand IBM’s business strategy, least likely to understand their manager’s expectations of them, least likely to understand what customers wanted, and the least likely to understand IBM’s brand.

      Now if THAT statement can be verified . . . then someone is in trouble . . . just replace "Boomer" with any other gender, religious, race or age group to see what I mean.

      My guess is the Erika Riehle will claim she was "misquoted out of context" or "misspoke."

      • While I agree with your statement, one doesn't need to do any replacement. This statement is actually, from a legal standpoint, violating several laws on it's own:
        Age Discrimination in Employment Act of 1967 [wikipedia.org]
        Older Americans Amendments of 1975 [wikipedia.org]
        Executive Order 11478 [wikipedia.org]
        Executive Order 8802 [wikipedia.org]
        These are just a few federal laws and orders. There are also numerous state-level laws, and IBM may even fall under other country's laws (depending on the division inside of IBM) due to contractual obligations they have
      • Re:Someone at IBM (Score:5, Interesting)

        by youngone ( 975102 ) on Wednesday July 04, 2018 @06:07PM (#56893608)

        IBM found that Boomers were the least likely...to understand IBM’s brand.

        I suspect that boomers were the least likely to admit that they have any idea what that means.

        As people get older, they are less likely to put up with stupid marketing nonsense. At least in my experience.

    • Someone at IBM is very, very stupid for having fired that dude, if data he used as evidence can be confirmed.

      Most people can get fired/laid-off for any reason, the best (for the company) being "no reason", at any time - especially if you're in a Right to Work state. If his performance bonus was tied to his salary, that could have made him even more expensive to retain than others. The company could simply say that they're happy with less. The disparity between his apparently high bonus and low performance score in Jan 2017 might have to do with a discrepancy between his sales numbers and his personality... He

      • Re:Someone at IBM (Score:5, Informative)

        by war4peace ( 1628283 ) on Wednesday July 04, 2018 @04:02PM (#56893038)

        He will have to prove that IBM got rid of him specifically because of his age, which will be difficult for him unless someone at IBM was dumb enough to put it in writing somewhere or said it in front of a few, still happily employed, people who will be willing to testify to that.

        Actually it's relatively easy to get to the bottom of this, in theory. In practice, it would take some time.
        But what needs to happen is compare his data (position, salary, bonuses, revenue brought by him directly and indirectly, for how long was he employed by the company) with his peers' data. Assign a weight to each data point (e.g. salary weight is 30% of total) and you get a general score. Apply same methodology to his peers and check whether his younger peers were retained with the company even though they had a lower aggregate score. Play with the data point weights to obtain best/worst possible situation and compare again with his peers' results.

        I know of a case (resolved internally) when an older employee was told to resign and he fought back. HR said he was "redundant" because he had too few projects, and eventually it turned out his millennial manager kept assigning bigger projects to his millennial team members and left the older employee with fewer, mostly irrelevant projects. It also turned out the older employee actively requested projects and helped his younger peers where they got stuck but it wasn't recorded in the projects themselves. The story ends with the millennial manager being let go. The older employee was my uncle (he's 61 now and no longer working for that company, he left shortly after).

        • Yup and nice anecdote. In truth, there are a variety of reasons companies "green the workforce". Some are simply monetary - younger employees are often (much) less expensive in salary and benefits costs and the company simply doesn't care about them having less experience. Some are cultural. While I don't condone either, I take more offense at the latter.

          • Although you are not allowed to fire someone who makes more money because they're older. You are allowed to cap their pay though, probably even decrease it (though that's amazingly rare if you don't screw up).

            I was in a candidate review once and the recruiter, the one person who *should* have known better and known all the rules, said "he seems to have kept up with his skills despite his age". And this was in a company with a higher than average worker age. If that had been recorded and the person had not

      • >Most people can get fired/laid-off for any reason, the best (for the company) being "no reason", at any time - especially if you're in a Right to Work state.

        I think you mean "At Will Employment" state.

        • Even then, it doesn't literally mean "any reason". The reason still has to be a legal reason, and you cannot violate other state or federal laws. At-will means you don't need to provide a valid reason first or show that performance was not acceptable first.

          For example, California has anti discrimination employment laws, and is also an at-will employment state. Meaning you can be laid and they don't have to be given a reason, but they will often hand out a list of what types of employees were fired along w

    • Kim Overbay (Score:4, Insightful)

      by Vinegar Joe ( 998110 ) on Wednesday July 04, 2018 @04:29PM (#56893178)

      Is Kimberly Overbay. A woman. That probably explains it all. She needed to get rid of the old white guy in order to promote diversity.

    • if data he used as evidence can be confirmed.

      While people and companies who focus staff reductions on older workers are typically portrayed as mustache twirling evil or stupid here in /., I'm pretty sure IBM isn't stupid enough to have actually done what they're being accused of doing.

      If I had to hazard a guess as to why he in particular was singled out for firing they probably either normalized performance for salary or then implemented a cost savings program that was aiming to maximize retained headcount. In both scenarios he's obviously going to

  • Oldies (Score:5, Insightful)

    by DCFusor ( 1763438 ) on Wednesday July 04, 2018 @12:43PM (#56892188) Homepage
    Usually know a lot more, and have grown up. The usual management tricks no longer work on them - fake crises, OMG you gotta work extra hours or no promotion/pay raise. or we'll all lose our jobs, and so on - we won't be pushed around as easily as the kids.
    What we lack in intensity we make up for in ability to just get it done quickly with what we already know, and wisdom to not fool around doing the old fire drills. But MBAs - who should realize they're the incompetent ones - think seeing all that bustle is what makes a bottom line, so...
    All the other older guys I know are now consultants if they're any good at anything, and charge commensurately. They don't need to work full time to get the same amount of work done as a youngster, or make enough money.
    • by AmiMoJo ( 196126 )

      Thing is, I'm Gen X, and I'm finding that there is more opportunity than when I was younger. My skills and experience are in demand, even at higher salaries.

    • and I'm one myself. I'm not as good as I was 10/20 years ago. My experience might compensate but I also don't work 60 hours a week for 40 hours pay like a kid fresh out of college.

      Here's the thing, if older folks are so valuable why do we need laws against age discrimination? Wouldn't the free market shake things out when a company that hires these more experienced laborers out competes the one that fired them?

      Reality is that if I'm running a business I need 1 experienced old guy to manage 10-20 you
      • by Anonymous Coward on Wednesday July 04, 2018 @02:03PM (#56892536)

        Sometimes it's hard to tell a really good troll from a really stupid serious post, especially in the age of MAGA. Funny how someone would claim that we should not have labor standards rules but would probably want rules against a union strong-arming employers;

        The reason for these rules is (a) basic fairness (b) economic stability. Nobody would buy a house or car if they were not so confident that they could have a steady job long enough to make the payments. (We already have this problem creeping in with the gig economy, more and more workers on temp and contract status). Some jobs it's just not safe to work 16 or 24 hours straight. (Truck drivers, airline pilots, nurses...) If there were no stability in jobs, fewer and fewer people will do the extended training needed to fill those jobs. If my engineering job pays no more than a truck driver, why bother? At the extreme, the song 16 Tons says "I owe my soul to the company store". Coal miners would be paid in company chits redeemable only at the company store and always behind on what they owed, before laws required payment in cash. The standard in the days of no labour laws was 60-plus hour weeks, subsistence wages, and an incredibly rich elite ("robber barons") who treated the average worker so badly that unions were an excellent alternative.

        The rules only "raise wages" because in any time when there is more workers than jobs, the employer absent unions and rules could hold over the heads of their workers "I can replace you if you won't work for less". Most labor law recognizes the imbalance, that the employer holds all the cards unless the worker is extraordinarily talented and in demand. The USA is unusual among civilized nations in allowing an employer to dump employees at will; in most civilized countries, it will cost the employer something to dump an employee over the side of the boat.

        I think it was Robert Heinlein who said "if you want to see what people were in the habit of doing, see what they have laws against."

      • by l0n3s0m3phr34k ( 2613107 ) on Wednesday July 04, 2018 @02:38PM (#56892688)
        I'm 44, and I'm far more technically and socially skilled than I was 10-20 years ago. I'm also a salaried employee, and I try to match my "amount of work" to the norm of what my peers do. I also work very hard at keeping my skill set up, probably far more than any "young engineer". I've got a rack full of enterprise-level equipment that I practice on constantly.

        The biggest plus for someone my age is that I have seen across a very wide technical landscape, from Windows 3.1, NT, 2000, the birth of Linux, analog phone systems, all the way to Server 2016, cloud deployments, virtual networking, etc. I grok, for example, how a GPO setting could potentially interfere with various legacy settings in ways that someone younger just couldn't. I know WHY specific "best practices" are the way they are, knowing were they came from and how they evolved first hand.
      • Here's the thing, if older folks are so valuable why do we need laws against age discrimination? Wouldn't the free market shake things out when a company that hires these more experienced laborers out competes the one that fired them?

        Not really. Younger people get hired for a variety of positions, including management, and they often (a) have the cultural perception that older people are worse than younger ones and (b) want to hire people like themselves. The laws are there to prevent discrimination based simply on perceptions of age.

        Reality is that if I'm running a business I need 1 experienced old guy to manage 10-20 young engineers.

        That's fine. But if you simply get rid of an older, more expensive, employee and re-fill that position with a younger, less expensive, one then that's age discrimination - and this actually happens.

        The reason we ban age discrimination is the same reason we have (had?) a 40 hour work week, unemployment insurance and minimum wage. They're regulations used to artificially raise wages because in their absence wages collapse.

        That

      • by jeremyp ( 130771 )

        Here's the thing, if older folks are so valuable why do we need laws against age discrimination? Wouldn't the free market shake things out when a company that hires these more experienced laborers out competes the one that fired them?

        Change "older folks" to "black people" and "age" to "racial" and then tell me that anti-discrimination laws imply that the people who are discriminated against are less valuable employees.

        Also try it with "women" and "gender".

        • learn slower than whites or Asians. There's a pretty big body of research to show that as people age they learn slower. This is why kids can learn a language in no time but adults struggle.

          Like it or not there's going to be an average age where people peak. Where their performance declines. The only question is where. In a strong labor market companies will push that age out. But in a weak one like we have now? Might as well take the young guys. They work an extra 20 hours/week. Whatever benefit the old
  • by bobmagicii ( 5434818 ) on Wednesday July 04, 2018 @12:45PM (#56892208)
    being old at a company like that usually also means you have gotten a raise too many times and cost as much as 6 millennials >_> aint saying that's ethical or anything but that seems to be... well... happy murika day.
    • If he was in sales, he was probably mostly on commission. And apparently, he did bring in the sales, so he was earning IBM more than he was costing them.
      • Maybe he was selling old tools that IBM was trying to retire / migrate from.

        Based on how many places I've seen it in industry he could have been shilling for IBM ClearCase [ibm.com], or " [ibm.com] IBM Jazz [jazz.net]" (who the hell came up with that platform name?).

        I can see how commission for them easily adds up while being a technical debt burden on everyone.

        • Article says he was in Bluemix, which is IBM's offering to compete with AWS/App Engine/Azure, he wasn't selling old services.
          Disclaimer: I'm a former IBMer who worked in cloud
    • by kenai_alpenglow ( 2709587 ) on Wednesday July 04, 2018 @12:53PM (#56892258)
      This. If you've got to slash costs, easy way to do it is kill off the older guy$ and gal$ who are making more buck$ then the younger folks. Better yet, ease them into retirement or buy them off so they don't raise a fuss like this guy. Govt has done this quite a bit. Bonuses for getting out/early retirement. The military even had "selective early retirement" boards. You can even get rid of some useless folks (ever try to fire someone from the Gov?). The problem is you lose a lot of expertise, too.
    • I'm sure this was an issue in the days of regular raises and real bennies...but see the poster below - salespeople are usually on mostly-commission already. Now the ratio between what he brought in and what he cost IBM - no one's giving out that data. In the olden days, an older salesman with lots of connections who brought in endless repeat business was super valuable. Maybe that market is going away, and IBM (and others) are hoping to hit something with a shotgun approach, sheer number of tries?
    • you're also probably on old, pre-economic crash pay scales. Wages have plummeted since 2008. I know guys earning 30% less than people doing the same job as them just because of when they were hired.
    • by jrumney ( 197329 )
      In my experience, you don't get to be too expensive by staying at the same company for 24 years. The annual increment for staying in a big company like IBM is generally slightly lower than the increment in the external market rate. Hence the other article today about people jumping jobs quicker than ever, and getting 30% more than those who stick around.
  • by atom1c ( 2868995 ) on Wednesday July 04, 2018 @12:50PM (#56892236)

    IBM hires outside advertising and marketing agencies to handle both their internal and external sales and marketing materials, including some of the research and the entirety of their branding. Their leading agency partner since the mid-1960's has been Ogilvy & Mather. This means that IBM's "outside counsel" is gravely complicit with enabling IBM to push forward these violations. (For more chronology, see http://adage.com/article/adage... [adage.com])

    P.S. Ogilvy & Mather personnel have previously been held responsible/guilty for things like embezzlement, misappropriation of funds from federal contracts, and various grey legal area misdeeds.

  • by barc0001 ( 173002 ) on Wednesday July 04, 2018 @12:52PM (#56892246)

    I've dealt with IBM on various projects for the past 20 years and what I see is they aren't retaining people any more, unlike 10-15 years ago. Each time I meet with someone from there now for even a similar piece of hardware it seems half the team I dealt with has moved on and now it's a couple of new kids in suits fresh out of college who I probably won't ever see again after this transaction. Other people I've spoken to report the same in other lines of IBM's business.

    IBM is a pale shadow of their former selves, now a software and hardware reseller/consulting firm run by beancounters chasing the next quarter's numbers, institutional knowledge, experience and dependable products be damned.

    • by LordWabbit2 ( 2440804 ) on Wednesday July 04, 2018 @01:12PM (#56892364)

      institutional knowledge, experience and dependable products be damned.

      That's because the bean counters don't understand the industry, they think they can just get a cheaper and younger workforce and things will continue as they were. If they can replace a bean counter with any other bean counter, why can't they do that with everyone? Idiots, the lot of them, and it's going to end badly for IBM. Can't say I am too sad about it, since they charge and arm and a leg for EVERYTHING! I was writing front end screens to interact with COBOL on our mainframe, to increase capacity when we needed it for testing some tech would come out, flip a dipswitch (or something) on the mainframe and magically we got double the performance out of the thing. But we paid for every second the switch was flipped. When we were done with parallel production testing he would flip the switch again. AFAIK there was no other changes made, so half the mainframe was idling the entire time. You don't want to know what the cost was - something to the tune of half a million a week, I forget exactly now, I just remember being outraged by the whole thing. Oh, and don't get me started on their mess of a website, it's faster and easier to use google to search their site than it is to actually use their built in search engine.

      • chase the same dragon Sun Microsystems did? Cheap Chinese hardware and cheap Linux boxes made their old model obsolete. Cheap IT labor from India and a lack of worker protections gave them no reason to invest in employees outside of the top level math majors. In that environment what were they supposed to do?
        • by LordWabbit2 ( 2440804 ) on Wednesday July 04, 2018 @02:43PM (#56892722)
          IBM are pretty much the only place to get mainframes. Mainframes are used a LOT in banks, mostly because of COBOL and how stable they are. Getting rid of people with a lot of knowledge etc. will help with the bottom line the next quarter, but after that you are going to get a lot of unhappy customers, and in the next budget decision they may not decide to go IBM but move to the cloud etc. So the years after that are going to get mighty lean.

          I worked for a bank for a while, and they decided to go on a "cost cutting" initiative. We used to get free biscuits during team meetings, they stopped the biscuits. How much money that saved is VERY debatable, but you can bet there were a lot of people who were unhappy about the new "savings" of a couple bucks a week.

          That is a prime example of trying to cut costs and just pissing people off for no real savings made. ie. a decision made by bean counters.

          I also worked for a settlement and clearing house, I was summoned to a meeting by one of the major banks who had outsourced most of their IT stuff to India. They insisted we sent them a file twice a day with transactions in it. I told them, we don't send files to anyone, we send SWIFT messages, if they end up in a file then something on your side is putting them there. They didn't believe me and summoned my manager, who told them the same thing. They had lost so much institutional knowledge with all the retrenchments no one left behind understood how their own systems worked. That's a fuck up waiting to happen, all due to a decision made by bean counters. The first thing I would do is make sure that the bonus the bean counters get is not based on how much profit they can squeeze out of the company, and the second would be to make sure that any decision made to cut costs is not going to put the company in a precarious position in the near future. The bank that didn't know how their own systems worked, tried to get some key players back who had the institutional knowledge, they had all moved on and gotten other jobs (obviously) and every single one told them to go fuck themselves. It wasn't long after when more and more system outages and incorrect xyz started plaguing the bank. I'm not saying someone is not replaceable, what I am saying is that getting rid of everyone who knows how things fit together in the broader picture is a shit decision.
          • and into modern stack based computing (what everyone likes to call the "Cloud" while ignoring the most important trend going on: modularity). They're doing this because labor's cheap (thanks to India) so they can just throw engineers at custom solutions and because Open Source means they don't have to build from scratch. Nobody worries about getting fired because they didn't buy IBM because nobody stays at a job that long anymore. So the teething problems from switching tech aren't as much of an issue anymo
        • > Cheap Chinese hardware and cheap Linux boxes made their old model obsolete.

          Actually, no that did not. Them selling off their Xserver and PC/laptop lines did that. Part of the issue is quality, the same problem HP now has because of the disastrous tenure of Carly Fiorina. Companies were willing to pay more for IBM servers because of the high quality, durability and prompt/proactive service they provided on the equipment. That was their competitive advantage. You'd buy a rack of IBM boxes and you kn

          • if they're redundant. That's what killed mainframes. Instead of 1 ultra high performance and ultra high uptime sever you throw a bunch of cheap commodity hardware at your problems.
            • > if they're redundant. That's what killed mainframes.

              When did that happen? My company and a ton of others that I know of still have mainframes and have zero desire to replace them with anything but another mainframe because of how entrenched the mainframes are to certain business processes. Mainframes still have an advantage in certain areas, plus in many niche applications are the only things that run 2-3 decades worth of custom business logic that would cost more in recoding and testing than just bu

  • by Anonymous Coward on Wednesday July 04, 2018 @12:52PM (#56892248)

    The lesson here is stop this bullshit of being loyal to your employer, because they sure as fuck aren't going to be loyal to you.

    Stop drinking the kool-aid and thinking your company gives a shit about you.

    Yes, in this case it sounds like the reasons they gave are pretty flimsy, and in this case I agree he should be going to court.

    But, in general, I've pretty much decided that any form of loyalty your company is a stupid thing, because they'll drop you without a second thought.

    Fuck 'em, they'll get as much loyalty from me as they've demonstrated quite clearly around me ... which is to say I'll do the work, collect the pay check, but don't ask me to be a corporate cheerleader or work free overtime for the privilege of working for your company.

    The bigger the company, the more you should not give a fuck and be prepared to leave if something better comes along.

    I stopped attending the quarterly "aren't we awesome, but there's still no money for raises" meetings a decade ago. Sorry, it was lies and bullshit last quarter, it's lies and bullshit this quarter, and it will be lies and bullshit next quarter. I don't need to attend to know this.

  • Discrimination due to your age is unacceptable. Based on the article, it looks like he really was performing well even better than the average. Instead of firing him they should rather give him more money and teach other to improve their performance or let him do his job. And even if IBM is right and the guy's performance was below average. Well some must be below average. That is the nature of an average. It is stupid to fire people who bring in more money than they cost. And as long as they are inside the

  • by Anonymous Coward on Wednesday July 04, 2018 @12:59PM (#56892298)

    Posting as AC for obvious reasons. I joined IBM in 1993, my first job. I dedicated my life for the company, so much that I didn't even see it coming. I was an exceptional employee. Couple of weeks before my boss gave me a hint that I was being fired. If you are +40 be advised, we are too expensive, we will be let go. I hope the best for the company, but everyone with experience is being fired. It used to be that our culture made the company great, and the culture is dying. I don't know, it really makes me sad... I was loyal and commited, just as I learned from the guy who hired me and later retired. "We changed the world twice already" he used to say.

  • IBM Fired Me... (Score:4, Informative)

    by Anonymous Coward on Wednesday July 04, 2018 @01:14PM (#56892366)
    ...because I answered the manager's anonymous evaluation survey with what I really thought about my boss. He was only managing four people so he spotted me very quickly. He was very angry with me because he didn't get a money bonus because of that survey, and he even told me that in my face.
    • by Anonymous Coward

      Never answer those surveys. They aren't anonymous and they won't listen to you and only want to ferret out the non-team players who don't drink that coolaid. Just ignore the surveys - you are too busy working.

  • by guruevi ( 827432 ) on Wednesday July 04, 2018 @01:29PM (#56892414)

    I recently had the same experience with one employee - decades of great performance reviews and promotions until I stepped in and saw they were full of themselves and had been bullshitting their managers and themselves for at least a decade. Since nobody knew exactly what they were doing or supposed to be doing and they were very good at talking themselves out of situations, there were some that had hunches but no concrete evidence. Trying to fire them now is hard because 'age discrimination' claims.

    This guy was a "cloud sales star", not necessarily technologically adept, just good at talking.

    • by Areyoukiddingme ( 1289470 ) on Wednesday July 04, 2018 @01:51PM (#56892508)

      This guy was a "cloud sales star", not necessarily technologically adept, just good at talking.

      Which should make this an open and shut case, and slap IBM with a huge fine. There is no question about whether or not he was good at some obscure, difficult technical job. He was a sales droid, selling suckers IBM shit they didn't want, and he was very very good at it. His bonuses were tied to how good he was at it, and he pulled in a whopping $20,000 bonus. He got that money as a direct result of the sales he closed. He probably booked tens of millions of dollars of business for IBM to get it.

      This story is a posterchild for why Libertarians are living in a dream world. In a rational world, you don't fire your fucking star sales guy! He was making the company millions, and since the cloud is the sale that keeps on billing, it could snowball into billions over the course of the next decade or two. But IBM did, because rewarding a high performing employee is against company policy. Literally. That's how fucked up this world is, and that's why government regulations are both necessary and proper.

      • Re:On the other hand (Score:5, Interesting)

        by alexgieg ( 948359 ) <alexgieg@gmail.com> on Wednesday July 04, 2018 @04:01PM (#56893024) Homepage

        In a rational world, you don't fire your fucking star sales guy!

        I have an example of that happening, and it isn't even age related. Years ago a young friend of mine was hired to do telemarketing. The first months he sold within the average. The second month he beat expectations, received a bonus, and was named employee of the month. The third month he was fired.

        The reason he was fired? He noticed the script telemarketers were provided and had to read aloud was BS and could in no way convince anyone to purchase the company's products. So he threw it away and began doing it his way. That caused his sales to skyrocket. But it was company policy that entry level telemarketing drones must follow the script. And so he was fired for not following that rule.

    • by jrumney ( 197329 )
      It's pretty easy to measure the productivity of sales staff. The sales they close is what matters, not how much they go out and talk, and pretty much any business rewards them directly based on that. In other positions, it may be easy to cover up poor performance by bullshitting, but not sales.
      • by guruevi ( 827432 )

        Not necessarily. In these big business sales, especially cloud-infrastructure types, there can be months or even years between when a company gets a sales pitch and when they actually commit and it's often not very visible who or what in the end was responsible for the decision. We're not talking about selling a piece of clothing, we're talking about "hey, let's move your mainframe" or "we sell end-to-end datacenter management".

        This is why sales and marketing in companies gets such a huge budget even though

  • My mom experienced something similar. In her case, she had documented her employer discriminating her, and in the company settled out of court for a large sum of money.

    Still, she didn't continue her employment there. She has since moved to another job where she continues to be perhaps the best employee there (or at least that is what all the notes and emails she gets from the owner indicate).

    Just because you are older doesn't mean you can't do the job.

  • http://articles.latimes.com/20... [latimes.com]

    The next supreme court justice will definitely be pro-corporation.

    Corporations will have increasing power over individuals for the rest of our lives.

    The current ruling that they are artificial people with all the rights of humans but who can't be imprisoned is already bad enough.

    I don't see anyway to stop it so prepare to suffer.

    This case seems pretty blatant but age discrimination in the technical field was going on already in 1988. I saw a 45 year old programmer laid off

    • by rnturn ( 11092 )

      ``I also have another friend who was a manager and being courted by other companies. But once he was laid off, no one was interested in him. He can't even get an interview unless he lies about his age. After six months he tested that. When he lowers his age to the 30s he gets call backs. When he's 40 or older he gets no call backs.''

      Why on Earth would you volunteer your age to a potential employer? Or a recruiter? If they ask, why on Earth would you continue working with them because at that point you kno

  • The company I used to work for here in Norway was bought by a UK "equity firm", i.e. corporate raiders who got famous for netting UKP 2B by (in a totally legal manner) stealing the pension funds from about 6000 workers. When they bought us the writing was on the wall, but it was only after I had to take over the job of being the union representative for our typically very senior MSEE people that I realized how bad it was:

    Pretty much everyone over the age of 58 were told they were redundant, supposedly for c

  • by hyades1 ( 1149581 ) <hyades1@hotmail.com> on Wednesday July 04, 2018 @02:17PM (#56892588)

    I don't have numbers, of course, but I have to suspect Langley's situation has more to do with his seniority than his chronological age. He's probably right at the top of the salary range for his position, and he's also earning these huge performance bonuses.

    So some bean counter in HR or Finance probably figured they could replace him with two or three millennials for about the same price, pay out zero bonuses, and not have sales suffer all that much.

  • by holophrastic ( 221104 ) on Wednesday July 04, 2018 @02:27PM (#56892624)

    "Age discrimination" is merely an excuse, an legally aggressive way to describe something that really has absolutely nothing to do with age.

    I have no doubt that he was a great performer -- experience, age, and the bonus indicate that pretty well. But "performance" in a business context has absolutely nothing to do with "performance" in a production context.

    It's easy to be the "worst performing person on the team", when you get paid the biggest bonus. Production / Paycheque. Raise the salary, and the employee quickly becomes the worst on the team.

    It's not unusual to fire the most expensive employees, and it's not unusual to fire the most experienced employees. Quite frankly, it's typical. Ideally, most companies want employees who don't demand high salaries, and who do what they're told.

    Yes, this is in-line with hiring younger people, and firing older people. But it absolutely nothing to do with their ages, and everything to do with the realities of their value as employees.

    • Depends on the type of work. I find that the good engineers are a LOT better than the average ones and I'd be happy to pay them more to keep them.

      I haven't seen a strong correlation either direction with age, except for the obvious that older engineers generally have broader knowledge and the younger ones are more up on the latest technology. The combination works really well.

  • Wow, 2000 called. (Score:4, Interesting)

    by bill_mcgonigle ( 4333 ) * on Wednesday July 04, 2018 @04:26PM (#56893156) Homepage Journal

    Dude, you're old enough to remember Bob Cringely writing about this crap at IBM incessantly for a decade. But you weren't so old then, were you?

    Go work for an American company who will value your skills and pay you more.

  • I'm 47. I'm at a point in my career though were most engineers I work with are older than me. I mostly work with American companies. Salaries are $150K/year to $250K/year and the job offers are plentiful.
  • So he got the biggest bonus, which was probably based on a percentage of his annual wage. So he was one of the top income earners. It regularly happens in these companies that when they do a cull it's purely based on wages. Using that logic they maximise the amount of money saved per head of staff lost from the company. Also in a company like IBM there's bound to be people in his team ready to step up and do the same job he was doing as well or better and do it for much less pay.

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