Patience is a virtue: NJ Appellate Division affirms settlement of discipline
On May 1, 2023, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s dismissal without a trial in favor of an employer, meaning the employee’s discrimination and retaliation allegations under the New Jersey Law Against Discrimination (NJLAD) won’t go to a jury. The case demonstrates how employers, when faced with employees with long-term disciplinary problems who they wish to retain, can link decisions not to discipline or fire to a release of potential claims.
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