NJ Labor And Employment Law

The New Jersey Labor and Employment Law Blog is authored by Jay S. Becker and Joseph C. DeBlasio, shareholders in the Labor and Employment Law Practice Group, with support from the associates in the Group. It is dedicated to provide news and updates regarding all labor and employment matters throughout New Jersey.

Jay Becker Of GH&C Prevails In Dismissing Former Employee’s Complaint Alleging Age Discrimination And Workers’ Compensation Retaliation

September 26, 2013 | Comments Off on Jay Becker Of GH&C Prevails In Dismissing Former Employee’s Complaint Alleging Age Discrimination And Workers’ Compensation Retaliation
Posted by Jay S. Becker

On September 23, 2013, the Superior Court of New Jersey, Law Division, Middlesex County, ruled in favor of Defendant Saker ShopRites, and granted its’ Motion for Summary Judgment dismissing a former employee’s Complaint in its entirety before trial.

The Plaintiff, who was a former employee of Saker ShopRites, was terminated in June 2010 for a history of poor work performance. Prior to her termination, the Plaintiff was disciplined by ShopRite on approximately fourteen (14) previous occasions.  The Plaintiff, who was 55 years old at the time of her termination, alleged that ShopRite terminated her because of her age and because she filed three workers’ compensation claims in 2005 and 2007.

The Court held that even considering all the evidence in the light most favorable to the Plaintiff, the Plaintiff failed to meet her burden in establishing that ShopRite’s decision to terminate her for poor work performance was in any way motivated by her age or her workers’ compensation claims. The Plaintiff could not provide any credible evidence in support of her claim that ShopRite had any illegal motive in connection with Plaintiff’s claim for workers’ compensation benefits.  In addition, the Court found that Plaintiff could not show that ShopRite’s legitimate non-discriminatory reason for terminating her for poor work performance was pre-text for unlawful age discrimination.  Therefore, the Court dismissed Plaintiff’s Complaint with prejudice.

This case demonstrates how in wrongful termination actions in New Jersey, an employee must show more than participation in a protected activity or membership in a protected class to survive a Motion for Summary Judgment. Rather, the employee must establish a connection between the employees’ protected activity and/or membership in a protected class and the employer’s decision to terminate the employee.

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