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Quigley v. KPMG Peat Marwick, LLP

Appellate Division of Superior Court of New Jersey
749 A.2d 405 (2000)


Facts

Joseph Quigley (plaintiff) worked for KPMG Peat Marwick, LLP (KPMG) (defendant) for 18 years. In 1981 and 1984, Quigley was promoted, first to manager and then to senior manager. Each time, Quigley was asked to sign an employment agreement as a condition of his continued employment. Quigley needed the job to support his family. Quigley signed the agreements to avoid losing his job, but inserted “U.D.” into his signature to signify that the agreement was signed under duress. The employment agreements contained a provision requiring arbitration of all claims. Quigley was eventually terminated by KPMG, and sued KPMG for age discrimination. The trial court dismissed the complaint and ordered arbitration. Quigley appealed to the Appellate Division of the Superior Court of New Jersey Superior Court.

Rule of Law

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Issue

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Holding and Reasoning (Havey, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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