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Lawsuit Alleges Unlawful Termination Following Workplace Injury and Medical Leave
An 83-year-old former security guard has filed a lawsuit against Bergen County and its Department of Public Safety, alleging he was fired due to his age, disability, and in retaliation for filing a workers’ compensation claim. The suit, filed in Bergen County Superior Court, accuses the county of violating the New Jersey Law Against Discrimination (NJLAD).
Paul Fiorini, who began working for the county in May 2022, claims that after suffering a knee injury while on patrol in November 2022, his request for accommodations was ignored and he was ultimately terminated despite a clean work record.
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Injury on Duty Sparks Legal Dispute
According to the complaint, Fiorini injured his knee while working as a security officer for the county, aggravating a pre-existing condition. He took medical leave and later returned in May 2023 with a doctor’s note outlining restrictions on his patrol duties.
Rather than receiving modified duties or support, Fiorini alleges that his supervisor rejected the restrictions, stating he could not “pick and choose” assignments. Soon after presenting the note, Fiorini says he was terminated without formal discussion.
When he requested written confirmation of his termination, Fiorini claims a supervisor told him he “should be retired,” a remark he interprets as discriminatory and dismissive of his ability to continue working.
Allegations of Discrimination and Retaliation
Fiorini’s lawsuit outlines three primary claims:
- Age discrimination: Fiorini alleges that his age played a significant role in the decision to terminate him, and that he was replaced by a younger employee.
- Disability discrimination: He claims the county failed to accommodate his injury despite legal obligations to engage in an interactive process and provide reasonable accommodations.
- Retaliation: The suit argues that the termination was at least partly motivated by Fiorini’s decision to file a workers’ compensation claim following his injury.
The lawsuit emphasizes that Fiorini had no history of disciplinary actions during his employment and had fulfilled all job responsibilities up until his injury.
Seeking Compensation for Emotional and Financial Damages
Fiorini is seeking:
- Compensation for lost wages and benefits
- Punitive damages for what he describes as intentional misconduct
- Damages for emotional distress
- Attorney’s fees and legal costs
The case highlights ongoing concerns around workplace protections for older employees and workers recovering from injury, particularly in public sector jobs that involve physical activity, such as security roles.
County Response
A spokesperson for Bergen County declined to comment, citing pending litigation. The case is now in the hands of the court, where it may set an important precedent for how age and disability rights are upheld in public employment settings.
Fiorini’s legal action comes at a time when age discrimination lawsuits are increasingly common, as more Americans continue working later in life. The outcome of this case may influence how employers, especially public agencies, address workplace injuries and accommodations for older employees.
