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Last night, I read a NJ Appellate Division opinion about a plaintiff in his fifties who claimed his age motivated the defendant to end his employment.
Spoiler alert: it didn’t.
There were many reasons why the appellate court affirmed the trial court’s decision to grant summary judgment in favor of the defendant.
First, the plaintiff had all sorts of well-documents performance issues. The defendant rated the plaintiff the lowest-rated person on his subteam in the three years before his termination and had consistently criticized his performance in written evaluations. As such, the defendant never promoted the plaintiff, who went