When the borough of Netcong implemented a reduction in force, 28-year employee Delores Colabella was the only employee whose position was eliminated. Colabella suspected her termination might have something to do with her age. She’s 72.
Now she is suing the borough for age discrimination.
She also filed an injunction seeking immediate reinstatement to her job. Judge Theodore Bozonelis heard the case in Superior Court in Morristown. While he thinks Colabella may ultimately prevail, Bozonelis refused to grant Colabella’s motion to be immediately reinstated to her position. He said he couldn’t do so without direct evidence that Netcong had replaced Colabella with someone younger.
Colabella says she has never been disciplined and shows up every morning early to make coffee and turn on the air conditioning.
Final notes: The borough may have won this round, but when the court actually evaluates Colabella’s discrimination claims, the employer will have to produce documentation showing the exact reasoning for eliminating the job and who is currently performing the work. In the meantime, if Netcong hires someone younger to do the same job, it will have a lot of explaining to do.
Colabella’s move to seek an injunction also shows that employees these days refuse to take theirlying down.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/12375/when-the-riffed-group-is-just-one-worker-expect-a-lawsuit "
- Investigating EEOC complaint? You're protected from retaliation, too
- Court to lawyers: No, you can't just copy an old lawsuit and expect to win
- Stress leave: How much must you accommodate?
- Do you have specific rules for calling in sick? They may be contractual
- Title VII's silence on gay bias doesn't give OK to discriminate