In 2012, a 75 year old man from Sparta, NJ who had worked at STS Tire and Auto for 44 years, won an age discrimination lawsuit. The gentleman claimed that he was fired from the company simply because of his age. He was told he was being let go because the company was downsizing, therefore eliminating his position. However, this was not the case. The man was replaced by a younger employee who they promoted, instead of letting the older man keep his position after loyally working for STS for over 40 years.
Due to competent litigation, the gentleman was awarded $305,000 by the court. His lawyer accessed the company’s statistics to study their hiring, firing and promotion records paying close attention to each employee’s age. In addition, coworkers provided testimony regarding the man’s ability to do the job, as well as his willingness and desire to do the job well. Using the research and testimonies, his employment law attorneys were able to prove his termination was based upon age rather than job performance. As a result, the judge awarded the man monetary compensation for his loss of employment, as well as pain and suffering due to his termination.
The Age Discrimination of Employment Act (ADEA) is a federal law protecting employees from discrimination based on age, such as the gentleman from Sparta, among many other protected classes. New Jersey also has its own state law called the New Jersey Law Against Discrimination to further protect residents from wrongful discrimination. New Jersey also allows individuals filing discrimination cases to claim monetary and punitive damages, unlike many other states.
Age discrimination can be difficult to prove. However, a knowledgeable legal team can make a difference. Typically, studying the company’s history of hiring, firing, promotions, etc. can aid in establishing a valid claim. There must be evidence showing that an employee was replaced or let go due to age, not because of poor performance or in an attempt to save the company money. If you think you’ve been the victim of Age Discrimination in New Jersey, contact our team of New Jersey Employment Lawyers today.