Page 28 of Exposed

“How?”

“He wasn’t as into work as he used to be. Ellen, his wife, died a few years ago, and he became a single father. He lost his edge. His priorities changed. He became more of a family guy. Then Rachel got sick and it got worse.”

“Are you saying his performance was affected by his child’s illness?” Bennie asked, a legally significant question. Last night, she had researched the case law under the Americans with Disabilities Act, and even if an employee was distracted because of the illness of a family member, it was still illegal to terminate that employee.

“No, not because she was sick. I think it was because his wife died and he had to take care of the kid. He made calls, but he didn’t care anymore. His heart just wasn’t in it. He wasn’t closing as many deals. It’s like his values changed. Like I say, he lost his edge.”

Bennie listened critically, evaluating Todd’s response as he spoke. If he were telling the truth, then it would have been a nuanced theory of the defense and even permissible under the ADA, as a performance-based termination.

“He turned touchy-feely. Warm and fuzzy. Seize the day, all that. I might get that way too, if I had a really sick kid. But I need reps who are committed. Sales is a brutal business, especially in this economy.”

“How does the economy impact you?”

“Our market is the most competitive. We’re the middle tier of cubicle manufacturers. We compete with Knoll and Kimball, plus remanufacturers and clone manufacturers from China.”

“What’s a clone manufacturer?”

“It’s a copied system with a tried-and-true design. It’s sourced from China using cheaper materials. Our business is growing but it’s not easy. Nothing about this business is easy. You have to grind every day, every hour. That’s why I reduced his territory.”

“Why, exactly?”

“Because he wasn’t paying attention. His numbers were slipping.”

“Did he make quota?”

“No.”

“For how long?”

“A month, and he was trending down. He made fewer calls each quarter. You could see it in his call logs and his POs, or purchase orders. He was falling asleep at the switch.” Todd threw up his hands. “That’s why I reduced him to Delaware and figured he could knock himself out.”

“Did you ever fire another rep who didn’t make quota after one month?”

Todd thought a minute. “Uh, no.”

Jason made a note on a legal pad, but didn’t interrupt.

“Did you warn him?”

“No.”

“Why not?”

“I didn’t think I was going to fire him. I thought reducing his territory would work. Most reps would see the writing on the wall and take it up a notch.”

Bennie glanced at Jason. “Does OpenSpace have a termination procedure with any kind of warning system, written or no?”

Jason frowned. “Unsure.”

“It should.”

“We just acquired OpenSpace last year, so we’re just coming up to speed. I’ll get on that.”

Bennie let it go, returning her attention to Todd. “When you reduce his territory, don’t you ensure that he can’t make quota?”

“Not necessarily. Well, er, wait.” Todd held up a hand like a traffic cop. “Let me explain. We also adjust his quota, so he could’ve done very well.”

“How, if it was a smaller territory? And I also understand that it contained fewer businesses.” Bennie was referring to the complaint.