The plaintiff, a 69-year-old esthetician, was terminated without cause after working for the defendant and its predecessor for 20 years.
The court found the termination clause in her employment agreement unenforceable due to a lack of fresh consideration.
Recognizing her prior service with the bankrupt predecessor employer, the court awarded a total notice period of 10 months, less the working notice already provided, resulting in 7.25 months' pay in lieu of notice.
Claims for aggravated damages, punitive damages, and age discrimination were dismissed.