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Plaintiff Alleges Major Tech Company Engaged in Age Discrimination

COOK COUNTY RECORD

Sunday, November 24, 2024

Plaintiff Alleges Major Tech Company Engaged in Age Discrimination

Federal Court
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A former employee has filed a lawsuit against a major corporation, alleging age discrimination and wrongful termination. On September 9, 2024, Avie Mesinger filed a complaint in the United States District Court for the Northern District of Illinois against International Business Machines Corporation (IBM).

Mesinger's complaint outlines his allegations that IBM held him to different performance metrics than his younger colleagues and ultimately terminated him due to his age. Mesinger, who was over 40 years old when hired by IBM in February 2022 as a Power System Sales Specialist-Financial Services, claims he excelled in his role, surpassing sales quotas and securing one of the largest deals in IBM’s financial-services history. Despite this success, Mesinger alleges that he was pressured into transferring to a less favorable position on the storage team under false pretenses by Power Brand Manager Eric Wickes. This new role allegedly led to a significant decrease in earnings and limited career advancement opportunities.

According to the complaint, Mesinger’s performance remained strong even after the transfer, but he was unfairly criticized based on fabricated or selectively applied performance standards. The lawsuit details an incident in January 2024 where Seubert publicly announced that Mesinger would likely be placed on a performance improvement plan leading to termination, despite Mesinger’s numbers being average to above average compared to others on the storage team. The complaint further alleges that younger employees with poorer performance metrics were not subjected to similar scrutiny or disciplinary actions.

Mesinger asserts that these actions constitute violations of both the Age Discrimination in Employment Act (ADEA) and the Illinois Human Rights Act (IHRA). He claims that IBM's discriminatory practices have caused him significant financial losses, emotional distress, and reputational harm. The plaintiff is seeking reinstatement to his former position or front pay in lieu of reinstatement, back pay with interest, liquidated damages under ADEA, compensatory damages under IHRA including attorney fees and costs, pre- and post-judgment interest, and any other remedies deemed appropriate by the court.

Representing Avie Mesinger are attorneys Ryan O. Estes, J. Bryan Wood, and Austin Kaplan from Kaplan Law Firm PLLC. The case is presided over by Judge [Judge's Name] under Case ID 1:24-cv-08214.

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