Merck Employee Says Ageist Feedback Cost Him Bonus Pay

Partners Christian V. McOmber and Peter D. Valenzano represent Mitchel Alboum in age discrimination and retaliation claim filed against Merck KGaA in Monmouth County, New Jersey. The complaint alleges that Alboum, a sixty-one (61) year old man and a seasoned and accomplished employee of Merck for 40 years was subject to intolerably hostile work on the basis of his age. In 2018, Merck hired two considerably younger managers, and for the first time in his four-decade career, Alboum was faced with poor performance reviews, a baseless performance improvement plan (PIP), and a hostile work environment.  

Alboum’s younger managers, Anthony Trebino and Kevin Stanton, littered Alboum’s performance reviews with offensive ageist commentary, belittled him, and refused to provide meaningful constructive feedback or assistance. They likewise withheld bonuses and pay increases until Alboum completed the baseless PIP. When Alboum complained about the discrimination, both verbally and in writing, his complaints fell on deaf ears. As a result, Alboum was forced to participate in a discriminatory and retaliatory performance improvement plan as a means of forcing him out of his long-held employment with Merck, all because of his age.  

The lawsuit, which was filed in Monmouth County Superior Court, alleges violations of, among other things, the New Jersey Law Against Discrimination. Alboum seeks compensatory damages, punitive damages, and attorneys’ fees and costs. 

“This claim presents as a text-book claim of age discrimination. Rather than celebrate our client’s nearly forty years of dedicated service to the company, the Defendants have subjected him to an intolerably hostile work environment – all in an effort to force him from his job. As alleged, Defendants have deprived him of income, humiliated him with a baseless performance improvement plan, and targeted him with ageist comments.  We stand shoulder to shoulder with our client in standing up against this invidious discrimination.” Peter D. Valenzano, McOmber McOmber & Luber, P.C. 

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