A man who was 79-years-old when a landscaping company fired him as a manager has won more than $200,000 in his age-discrimination lawsuit.
Borst Landscape & Design will also have to cover Thomas Shanley’s attorney fees.
A jury sitting in Bergen County ruled 6-0 earlier this year that Shanley was discriminated against when Borst Landscaping let him go in 2022.
Borst said in a statement that it disagreed with the jury’s decision.
“Borst Landscape & Design is a nationally-recognized and award-winning company with a 40-year track record as a highly regarded Bergen County employer and respected community member,” the Allendale-based company said. “We take great pride in how we treat our employees. Regarding the unfortunate situation with Mr. Shanley, while we strongly disagree with the jury’s conclusion, we respect their decision and we wish Mr. Shanley the best in his future endeavors.”
A consultant hired by Borst testified during the trial that he felt that “younger men don’t like to be led by someone with silver hair” and recommended Shanley be fired, according to Shanley’s attorney Cindy D. Salvo.
Hired as a general manager/vice president in 2014 at an annual salary of $127,000, Shanley was a “near perfect” employee who helped the company boost its revenues and always received top-notch reviews, according to court papers.
He received a raise in July 2017 after being “praised to the hilt by Mark Borst and others at Borst Landscaping.”
During those years, Shanley said he had an agreement with Borst that he’d work for three years and then decide whether he’d want to remain on for another three years.
The tide began to turn in 2019 when Borst asked Shanley on at least two occasions how much longer he planned to work, according to the lawsuit.
Then in early 2020 Borst said to Shanley, “at your age you should be kicking back and taking it easy.” Months later, Borst again asked Shanley how long he intended to remain with the company with Shanley again saying he’d decide before the latest three-year period ended.
From that point on, Shanley alleges Borst began treating him badly, speaking to him with “anger and sarcasm” and dismissing his previously welcome suggestions, according to the lawsuit.
In August 2021, Borst told Shanley he was being let go on July 1, 2022 and being replaced by a man in his 30s. Shanley turned 82 this month.
Borst then began to consistently accost his employee, possibly in an effort to get him to leave on his own, the suit said.
The lawsuit alleges Borst was “chastising him on numerous occasions, in a loud, thundering voice, and always within the earshot of other employees.
“These outbursts were unwarranted and unprofessional. Borst seemed hell-bent on embarrassing Mr. Shanley in front of others in the office, perhaps with the idea of getting Mr. Shanley to resign immediately.”
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Jeff Goldman may be reached at jeff_goldman@njadvancemedia.com.
