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SWARTS v. SHERWIN-WILLIAMS CO.

244 N.J. Super. 170 (1990)

581 A.2d 1328

DANIEL C. SWARTS, PLAINTIFF-APPELLANT, v. THE SHERWIN-WILLIAMS COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 16, 1990.

Attorney(s) appearing for the Case

Corinne L. McGovern argued the cause for appellant (DeLeonardis, McGovern & Dermody, attorneys).

Jerry P. Sattin argued the cause for respondent (McCarter & English, attorneys; John L. McGoldrick, of counsel; David S. Osterman and Jerry P. Sattin, on the brief).

Before Judges PETRELLA and MUIR, Jr.

The opinion of the court was delivered by MUIR, Jr., J.A.D.

This appeal requires us to determine whether plaintiff executed a valid waiver of his age discrimination rights under the New Jersey Law Against Discrimination (NJLAD), N.J.S.A. 10:5-12, when he signed a release and covenant not to sue in return for special severance pay allowance and at the same time retired from the defendant's employment. The trial judge found plaintiff knowingly and voluntarily...

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