No Evidence Of Pretext Where Female Plaintiff Was Hired To Replace Male, And Was Fired By Same Committee Who Hired Her; Plaintiff Not Entitled To Bonus Payment Under NJ Wage Payment Law Where Her Bonus Had Not Vested At Time Of Her Termination

Bintliff-Richie v. Amer. Reins. Co., 2008 WL 2699703 (3rd Cir., July 11, 2008) — The Third Circuit Court of Appeals affirmed summary judgment for the employer on a gender discrimination claim, despite evidence that the alleged poor performance for which Plaintiff (a Senior VP) was terminated, was never mentioned in her termination letter.  The Court held Plaintiff could not show pretext because, in addition to the fact that the same committee who hired her also was responsible for terminating her, another female executive received the highest bonus in the company.

Despite the NJ Wage Payment Law’s provisions regarding incentive compensation, the Court additionally determined that Plaintiff was not entitled to her $112,500 Incentive Compensation Award because the terms of the Plan, which she herself approved, provided that any employee terminated before payment of the award would forfeit it. 

Note: This article was published in the August 2008 issue of the New Jersey eAuthority.