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CASE STUDY

I was retained by a large insurance company in Ocean County, New Jersey who was being sued for age discrimination and wrongful termination. The plaintiff was a 64 year old woman with several years of experience in the insurance industry, professional in appearance, and held several licenses to sell insurance. Following her termination from the company, she obtained some part-time positions but she was clearly underemployed. I concluded that she was employable in the insurance industry. I further concluded that she did not conduct a diligent job search and had she done so, she would have found full-time permanent employment at a similar or higher rate of pay. I testified to same in New Jersey Superior Court in Ocean County. Although the jury returned with a guilty verdict on all counts of discrimination, the jury awarded the plaintiff $0 in damages based on my testimony that she did not mitigate her damages.

A large non-profit organization in Princeton, New Jersey was being sued for age discrimination and wrongful discharge. I was retained to determine whether or not the plaintiff conducted a diligent job search after her separation from the company. The plaintiff was a 71 year old woman with over 40 years of experience as a secretary/office assistant/librarian and 9 years of experience at this particular company. During my interview with the plaintiff, she claimed that she planned on working until the age of 75 but she was unable to do so because the company forced her into early retirement. She also stated that she still wanted to join the Peace Corps. She was bright, articulate, and energetic. Approximately 2 years after her separation from the company, she obtained a part-time position earning $7.00 per hour. Based on my interview with the plaintiff and review of her file, I concluded that she did not conduct a diligent job search following her separation from the company and had she done so, she would have found full-time, permanent employment at a comparable or higher rate of pay. I also testified to same in Federal Court in Trenton, New Jersey. Although the jury never had to decide on damages because they did not find the company guilty on the liability issues, I am confident that they would have awarded $0 damages.

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The Miller Group

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Dayton, NJ 08810

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