OPINION: Widow, 89, sues BJ's for age bias in firing

Apr 26, 2009 (Albany Times Union - McClatchy-Tribune Information Services via COMTEX) -- BJ | Quote | Chart | News | PowerRating -- For 10 years, Helen Riordan of Schuylerville had the kind of job that tends to make other people happy. She gave away free things. She worked at the BJ's Wholesale Club in the town of Wilton in Saratoga County, and passed out free samples of cheese, chicken wings, candy or whatever else the store was giving away that day.

"You name it," said Riordan, who is 89.

She seems to have done a good job. She never had a written complaint against her, she got along with her co-workers, and customers seemed to respond well to her.

But in September, she was fired.

She wasn't just fired. She was shot out of a cannon.

The store's manager, Sandy Ryan, shouted to her from the employee area in the back of the store to where Riordan was standing in the front. "Helen, you're fired!" as claimed in court records.

"I was humiliated," Riordan said.

As Riordan tells the story, her firing seemed to come out of nowhere.

In April of 2008 Riordan's husband of 60 years, John, died. And she became literally sick with grief. "I didn't eat anything for weeks, just water," Riordan said.

At one point while at work, she drank water but it didn't stay down. She punched out and went home.

She thought that was the end of the incident. But in September she was called into the manager's office. She was told she was being written up for the incident because she handles food. But she didn't handle any food after she got sick, and didn't have any contagious illness at the time.

"I'm old enough to know better than to handle food after being sick. Even a kid would know that," she said.

The manager told Riordan she would have to take a vacation for six months. They urged her to go to Florida, where Riordan's daughter lives, and stay for awhile. When she returned she could have her job back, the manager said.

The problem was, Riordan didn't want to go to Florida. "I have been there before and don't care for it," she said. Plus, working and interacting with the public all day was good for her and she enjoyed it. She didn't want to take a vacation, either. But the manager insisted on it.

So Riordan used the manager's phone and called BJ's corporate human resources department. She simply asked if she could be forced to take a vacation.

According to Riordan, the human resources official asked Riordan if she had ever been in trouble before. When Riordan said she hadn't, the human resources representative asked to speak to the store manager.

Riordan handed the phone to the manager and then left the office.

It was moments later that the manager emerged, furious, from her office and fired Riordan from the other end of the warehouse store.

Riordan found an attorney, Ronald Kim of Saratoga Springs, and filed a complaint with the Equal Employment Opportunity Commission, alleging age discrimination.

The EEOC ruled there was "reasonable cause" that the age discrimination statutes have been violated. So now Riordan is suing in federal court for her job back.

Matthew Woodard, an attorney for BJ's, didn't return a call seeking comment.

I wish I had a better feeling for what BJ's side of the story is. But one thing I know is true. I can tell you anecdotally from years of hearing peoples' tales of alleged discrimination that the EEOC won't issue a notice of reasonable cause lightly. I wish Helen Riordan good luck and I hope that she can get back to work soon. If I hear from BJ's, I will let you know.

Dan Higgins can be reached at 454-5700 or advocate@timesunion.com. The Advocate appears in print Thursdays and Sundays, and online at http://timesunion.com/advocate.

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