A recent decision from the New Jersey Appellate Division affirms a trial court’s order requiring Gerber Products Company to bring a witness from Switzerland to New Jersey, at Gerber’s expense, to testify at a deposition in a discrimination lawsuit. A deposition is a formal interview under oath used to obtain…
Older worked forced to retire New Jersey has an extremely broad anti-discrimination law, the New Jersey Law Against Discrimination (“LAD”). The LAD became even broader last Tuesday, October 5, 2021, when Governor Phil Murphy signed into law a new amendment that increases the statute’s protections against age discrimination by removing…
A recent decision from the District of New Jersey concludes that, when an employer claims it fired an employee as part of a corporate restructuring, but has no documents to prove there was a restructuring, can be enough to prove age discrimination in violation of New Jersey law. In 2014,…
An employee bringing an age discrimination claim does not need to state the age of the individuals who replaced him in the lawsuit. Rather, at that early stage, it is sufficient to assert that his replacement was “significantly younger” than him. That was the ruling of the Third Circuit Court…
A recent decision by the Third Circuit Court of Appeals helps clarify who is a “similarly situated” employee in discrimination cases under the New Jersey Law Against Discrimination (“LAD”). This is important since one way to prove discrimination is by showing the employer treated other similarly situated employees more favorably…
Last month, New Jersey’s Appellate Division reversed a trial court’s ruling that had dismissed an employee’s age and disability discrimination case. Spencer Robinson worked for Armadillo Automation, Inc., also known as Onyx Valve Co., in its assembly department. When Onyx hired Mr. Robinson, he was 60 years old. According to…
A recent age discrimination case from the United States District Court for the District of New Jersey is a helpful reminder that just because your employer has a good excuse for its decision to fire you, it does not necessarily mean the company did not violate the law. Carol Natale…
Age discrimination occurs frequently but often is subtle. You may be certain you were fired because of your age, but not have any direct proof or “smoking gun” evidence. Fortunately, that does not necessarily mean you cannot prove your claim. Employees who want to prove they were fired because of…
Last month, the Third Circuit Court of Appeals recognized that an employee does not need to have any evidence of discrimination before she can present her case to a jury. The Third Circuit is the federal court that handles appeals from New Jersey, Pennsylvania, Delaware and the Virgin Islands. The…
Last month, a federal judge in New Jersey allowed a group of employees to proceed with their class action age discrimination lawsuit even though they do not claim the company hired younger employees to replace them. In Bratek v. TD Bank, NA, four customer service representatives, Edna Bratek, Diane Deluca,…