Baker Vs Silver Oak Case Study

In the case of Baker vs. Silver Oak Senior Living Management Co., I rule in favor of Mrs. Kathy Baker on grounds of violation of the age discrimination act, employer retaliation, and medical leave harassment. In this case, I do not believe Silver Oak Senior Living Management Co. provided adequate reasons for termination of Mrs. Baker nor do I feel the company followed its disciplinary actions policy.

As a judge, in this case, I would also like to state my disgust in the lack of professionalism from the top managers at Silver Oak Senior Living. The statements made by Carolyn Thomas, Baker’s new supervisor, lacked tact and “reflect a discriminatory attitude” (Baker v. Silver Oak Living Management Co., 2013). Not to mention teasing Baker about

Prior to Thomas arrival at Silver Oak in 2004, Baker had just received an excellent review in all categories (Simon, 2009). However, few months later, Baker testifies that Thomas started in on her, demanding that she fire the “slow and old” at Silver Oak (Simon, 2009 and Walsh, 2013). This obviously affected Baker emotionally, as she refused to discipline or terminate older employees for no reason when pressed by the director (Walsh, 2013). Baker claimed, upon her refusal is when she started feeling more subjected to ageism and

Originally, Thomas fired Baker because she failed to call in daily while on medical leave. Lindsey stated reasons such as “ Baker encouraged other employees to quit, disobeyed his orders by leaving the center to run errands throughout the day, and generally performed inconsistently” (Baker v. Silver Oak, 2013). Upshaw simply stated Baker was fired for “multiple reasons” (Baker v. Silver Oak, 2013).

The last issue I found offensive is harassment while on medical leave. Baker went on approved medical leave for several weeks. I did not understand why Thomas would find it necessary to have Baker call in daily. Under FMLA, Silver Oak could not use Baker’s approved medical leave as a ground for termination (Findlaw, n.d.). Also, if it was approved, Thomas along with HR would know the term of the leave, therefore, no need for daily calls would be necessary.

In the case of Baker v. Silver Oak, this company really wanted to clean up its employee pool and replace it with younger employees. I find it disgraceful, that Thomas would go to the extremes to try and clear out any older employees. We do not know the ages of Thomas and Lindsey, however, they 're both growing older each day and eventually will need to leave Silver Oak