It was supposed to be just another day at work for Gloria Cocuzzo, a 77-year-old employee at Trader Joe’s in Brookline, Massachusetts. Gloria had been a model employee for 17 years, loved by customers and colleagues alike, and her glowing performance reviews backed it up. But one fateful decision to buy a few beers for her 19-year-old grandson from her workplace got her fired—and no, her age didn’t save her job.
Here’s what went down. Gloria’s grandson, Kevin, also worked at the same Trader Joe’s. One day, during overlapping shifts, Kevin casually picked out two four-packs of beer and handed them to Gloria. Without a second thought, she rang up the beers, paid for them herself, and intended to bring them home for a family dinner. Gloria didn’t try to hide the transaction—why would she? In her mind, this wasn’t a rule-breaking move; it was just being a cool grandma.
Unfortunately, one of Gloria’s coworkers witnessed the exchange and reported it to management. Her supervisor, Jennifer Gillum, confronted Gloria, who admitted everything. Gloria acknowledged the beer was for Kevin and expressed disbelief that she’d done anything wrong. Despite her long-standing good record, Trader Joe’s fired her for violating company policies and state liquor laws. Ouch.
Gloria hired an employment lawyer and sued for wrongful termination based on age discrimination.
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What Protections Does the ADEA Provide For Older Workers?
The Age Discrimination in Employment Act of 1967 (“ADEA”) prohibits firing employees because of their age if they are 40 or older. But it doesn’t make employees over 40 untouchable. If an employer can show a legitimate, non-discriminatory reason for termination—like violating a company alcohol policy—the ADEA won’t save the employee from being fired. Gloria’s case is a textbook example.
Trader Joe’s argued it fired Gloria because her actions violated their alcohol policy and state law, not because she was 77. Courts don’t care if the employee did not mean to break the rules; they care whether the employer genuinely believed the rules were broken. As the First Circuit Court of Appeals explained, “In assessing the pretextual nature of the proffered reason for [an employee’s] termination, our task is limited to determining whether the employer ‘believe[d] in the accuracy of the reason given.’” Cocuzzo v. Trader Joe’s East Inc., 2024 WL 4799281, at *6 (1st Cir. Nov. 15, 2024). The First Circuit Court of Appeals added, “It is not enough for a plaintiff merely to impugn the veracity of the employer’s justification; instead, the plaintiff must elucidate specific facts which would enable a jury to find that the reason given is not only a sham, but a sham intended to cover up the employer’s real and unlawful motive of discrimination.” Id.
In response to the employer’s stated reason for firing her, Gloria argued that younger employees who violated the alcohol policy received lighter punishments, such as warnings. However, those employees either mistakenly failed to check IDs or self-reported their violation—behavior the First Circuit Court of Appeals held to be materially different from knowingly purchasing alcohol for an underage person.
Gloria also argued that being forced to retire demonstrated that she was wrongfully fired based on her age. The First Circuit Court of Appeals was not buying this argument either, holding that Gillum’s offer for Gloria to retire rather than be fired was a professional courtesy, not evidence of discriminatory animus. Specifically, the First Circuit emphasized, “The only reasonable inference from those circumstances is that [Cocuzzo], a long-term employee eligible for retirement, was given the opportunity to leave without any blemish on her record.” Id. at *8.
Best Age Discrimination Attorney Blogs on Point:
- Can Older Employees Be Fired Because Of Diminishing Skills Or Ability?
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What should I do if I was fired unfairly because of a mistake?
If you’ve been fired and suspect it wasn’t just about a mistake but potentially tied to your age, race/color, gender, national origin, religion, or another protected characteristic, you need a legal team that fights exclusively for employees. Spitz, The Employee’s Law Firm is one of the largest employee rights firms in the country, with vast resources and a deep bench of experienced trial attorneys ready to go head-to-head with powerful employers. When you call Spitz, you’ll get a free initial consultation where we’ll listen to your story, assess your case, and provide honest advice on your options. Our no-fee guarantee means you don’t pay unless we win, and our long track record of successful outcomes proves we’re more than just talk. At Spitz, we understand what you’re going through and are committed to helping you get the justice you deserve. Call us today to schedule your free consultation and let us fight for you.
Employment Lawyer Disclaimer
This age discrimination blog provides general information about employment law, employment discrimination, and wrongful termination. It should not be taken as legal advice. Each case is unique, and you should consult with a qualified employment lawyer to get advice tailored to your specific situation. While we strive to provide accurate and relevant information, no promises or guarantees are being made about the outcomes of any case. This blog is a legal advertisement by Spitz, The Employee’s Law Firm.