Keene v. Sears Roebuck & Co.

Gregory S. Schaer, a Monmouth County based New Jersey Employment Attorney located in Manalapan, represented the employee in a lawsuit against their employer alleging claims of age discrimination.

On September 11, 2007, following a five day trial in the United States District Court in Trenton, a jury unanimously found that Sears Roebuck and Co. discriminated against, and wrongfully terminated, a former employee, Willard Keene. Mr. Keene, a resident of Neptune, was formerly employed as a Sales Associate in the appliance department at the Sears store located in the Seaview Square Mall, Ocean Township, New Jersey and was terminated on December 16, 2002 at the age of 60, after 12 years of employment, by the store’s 29 year old new store manager. The evidence established that just one day before terminating Mr. Keene, the manager had hired another individual, sixteen years younger than Mr. Keene, to take his place.

The Company claimed that Mr. Keene was terminated for allegedly having violated company policy by extending an upcoming sales promotion discount to certain customers. Mr. Keene claimed that the Company’s assertion that he violated Company policy was false and was a pretext for age discrimination. Mr. Keene introduced evidence that his actions were not, in fact, in violation of Company policy and that the discounts that he extended were, in fact, permitted under well established Company policy and practice.

The eight member jury found that Mr. Keene was terminated on the basis of his age in violation of the New Jersey Law Against Discrimination. The jury awarded Mr. Keene his full back pay wage loss claim by awarding him $130,000.00 in lost wages. Mr. Keene will also now be entitled to recover the legal fees and costs in connection with pursuing his claim. Mr. Keene was represented by Gregory S. Schaer, Esq. of Manalapan.

To speak with an experienced New Jersey Employment Law Attorney, contact the Law Offices of Gregory S. Schaer, LLC, conveniently located in Monmouth County, New Jersey.

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