Worker Wins Age Discrimination Case Against AT&T

Console Mattiacci Law won a unanimous jury verdict in federal court on behalf of a former employee, Jack Gerundo, in an age discrimination case against AT&T. Mr. Gerundo, age 66 at the time, alleged that he was terminated by AT&T in connection with a “surplus” event that occurred in March of 2013, which resulted in many older employees losing their jobs. Mr. Gerundo alleged that AT&T had a plan to move older workers out of the company and replace them with younger workers by using a secret and fraudulent “ratings & rankings” system. Mr. Gerundo, who had worked for AT&T and its predecessor, IBM, for 43 years, alleged that AT&T kept younger and less qualified workers in his division, including a 47-year-old employee who had only been at the company for two years while terminating his employment for no legitimate reason. The jury found that Mr. Gerundo’s age was the determinative factor in AT&T’s decision to “surplus” him, which resulted in the loss of his job, and awarded him $370,000 in damages. Laura C. Mattiacci, the lead trial attorney for Mr. Gerundo, said that it took a tremendous amount of time and work to uncover the details of the discriminatory decision-making process at AT&T and believes the final judgment in the case should exceed $900,000 after the attorneys’ fees and costs incurred are accessed.

When asked for comment on the verdict, Ms. Mattiacci said: “This case shows that when it comes to a jury trial, no company, not even AT&T, is above the law.” Caren N. Gurmankin, also of Console Mattiacci Law, LLC, assisted as the second-chair trial attorney. The case was heard in the U.S. District Court for the Eastern District of Pennsylvania, seated in Reading, Pennsylvania, before Judge Jeffrey L. Schmehl. The verdict was rendered on January 11, 2016, after a five-day trial.

Mr. Gerundo was represented by lead trial counsel, Laura C. Mattiacci, and was assisted by Caren Gurmankin, both of Console Mattiacci Law, LLC with offices in Philadelphia.

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