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SHANER v. HORIZON BANCORP

116 N.J. 433 (1989)

561 A.2d 1130

MAHLON R. SHANER, PLAINTIFF-APPELLANT, v. HORIZON BANCORP., DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 10, 1989.

Attorney(s) appearing for the Case

Joseph A. Carmen argued the cause for appellant.

Joseph F. Betley argued the cause for respondent (Capehart & Scatchard, attorneys; Alan R. Schmoll, of counsel).

John V. Jacobi, Assistant Deputy Public Advocate, argued the cause for amicus curiae Public Advocate (Alfred A. Slocum, Public Advocate, attorney; John V. Jacobi and Richard E. Shapiro, Director, Division of Public Interest Advocacy, on the brief).

Peter Van Schaick submitted a brief on behalf of amicus curiae New Jersey Employee Lawyers Association (Peter Van Schaick, attorney; Bennet D. Zurofsky and Patricia F. Breuninger, on the brief).

The opinion of the Court was delivered by HANDLER, J.

Mahlon R. Shaner, plaintiff, was fired by Horizon Corporation (Horizon), defendant, at the age of fifty-three after working for the corporation for approximately eight years. Shaner claimed that he was discharged because of age. He sued Horizon, asserting wrongful discharge on federal and state statutory grounds, namely, in violation of the Federal Age Discrimination and Employment Act of 1967 and the New

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