Sales manager sues after losing job for failing to meet sales quotas

SHERMAN - A sales manager has filed a lawsuit against his employer for age discrimination after he was terminated for failing to achieve his sales quotas.

Claiming violations of the Age Discrimination in Employment Act, Gerald Delavergne filed suit against Sagemcom Communications USA, Sagemcom Canada Inc. and Administaff Companies Inc. on May 24 in the Eastern District of Texas, Sherman Division.

The plaintiff began working for the defendant in September 2007 and worked as a regional sales manager until he was terminated in August 2010.

Although Delavergne was placed in performance improvement plan for failure to achieve quotas in April 2010, he states at least five other individuals younger than him had worse sales records. The younger employees with worse sales records were not terminated, the suit states.

Delavergne states his supervisor also discriminated against him by referring to him as "pops," "old timer" and other derogatory names.

The defendants are accused of violating the Age Discrimination in Employment Act, Texas Commission on Human Rights Act and the Texas Labor Code.

The plaintiff is asking for an award of back pay, lost wages, employment benefits, actual, liquidated damages and punitive damages, interest and attorney's fees.

Delavergne is represented by Dallas attorney William Lamoreaux. A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:11-cv-00300