WHIPPANY, N.J., July 13, 2016 /PRNewswire/ -- Stefani C Schwartz, a partner at Schwartz Simon Edelstein & Celso, convinced a New Jersey judge to dismiss an age-bias suit against Mountain Creek Resort, Inc.
The Sussex County Superior Court found that the plaintiff, a fired 58-year-old former employee of Mountain Creek, was unable to prove that she was terminated because of her age.
NJ Law Against Discrimination at Issue
Mountain Creek had fired the employee after she raised her voice to a supervisor.
After filing suit, the employee named several people who may have replaced her after she was fired, and she said they were allegedly younger than she was. However, she did not know their ages and said her knowledge came from friends still at Mountain Creek.
She contended that her firing constituted age bias in violation of the New Jersey Law Against Discrimination (NJLAD); wrongful discharge in retaliation for complaints of a hostile work environment; and other discriminatory conduct.
Successful Argument by Stefani Schwartz
Schwartz, a leading management-side attorney in New Jersey, said the termination was a business decision tied to the best interests of Mountain Creek's work environment. She also said the employee was not replaced.
In his decision, the Honorable Edward V. Gannon concluded that the employee did not provide the required showing that a sufficiently younger candidate replaced her. He further held that the plaintiff did not show that Mountain Creek's reason for the firing was a pretext for discrimination, according to the judge.
Significance for Employers
In explaining the significance of the decision in this case, Schwartz stated that, "Mountain Creek had every right to terminate her employment as a result of the employee's conduct. This was a win for employers as it illustrates that the courts will not interfere with sound, lawful business decisions."
"Every employer should have a clear, comprehensive, anti-harassment policy. When an employee fails to follow the procedures, the employer, here Mountain Creek, insulates itself from the claims. This case clearly demonstrates the benefits for every organization having policies in place and terminating employees based on legitimate, nonretaliatory reasons," Schwartz adds.
Also integral in obtaining the victory for Mountain Creek was Nicholas D. Bliablias, counsel at the Whippany law firm, who handles labor and employment matters.
About Mountain Creek Resort, Inc.
Mountain Creek Resort, Inc. in Vernon, N.J., offers skiing, snowboarding, snow tubing, and zip-line and alpine-coaster activities. Its water park operates from May to September. http://www.mountaincreek.com/
About Stefani C Schwartz, Esq.
Stefani C Schwartz has considerable experience representing private companies in all aspects of employment law, including discrimination, harassment, retaliation and wrongful-termination matters. In-house counsel, human resource professionals and risk managers turn to her when making critical decisions. She has represented hundreds of clients in state and federal court, during arbitration proceedings and before administrative agencies. Her successes extend to jury and nonjury trials alike.
For more information about Stefani C Schwartz and her employment law practice, please visit http://www.sseclaw.com/attorneys/stefani-c-schwartz-esq/. If you have questions about this topic or would like to discuss your employment law needs, Schwartz may be reached through Email and 973-301-0001, ext. 215.
Tammy A. Eyerman
Schwartz Simon Edelstein & Celso
100 South Jefferson Road
Whippany, NJ 07981
973-301-0001, ext. 246
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SOURCE Schwartz Simon Edelstein & Celso