BigLaw partner was demoted and later told to hang up his spurs, age-bias suit alleges
Fox Rothschild no longer has a mandatory retirement age of 72. But the law firm nonetheless discriminates against older equity partners, a lawsuit alleges. (Photo from Shutterstock)
Fox Rothschild no longer has a mandatory retirement age of 72. But the law firm nonetheless discriminates against older equity partners, a lawsuit alleges, by demoting them, transitioning their role as billing attorney to younger partners, and making them sign renewable one-year contracts.
Former Fox Rothschild partner Michael J. Kline, 79, asserts in a May 29 suit that he had to endure the same treatment. Defendants in the suit, filed in New Jersey state court, are the firm and its chair Mark L. Morris, who was formerly managing partner.
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Kline began work at Fox Rothschild in 1995 at age 50 and worked as chair of the firm’s corporate department from 1999 to 2008. In 2018, when Kline was 73, he was required to transition to the role of income partner and to accept a reduced annual salary of $200,000, according to the suit.
Kline was later appointed as an assistant general counsel. Shortly afterward, his salary was reduced to $150,000, the suit says. Morris allegedly told Kline at that time that he would never receive a raise. Morris was “true to his word,” the suit says.
When Kline complained about the pay cut, Morris allegedly offered to begin paying Kline his vested retirement benefit of $100,000 per year for five years. Morris’ suit alleges that the payment was “an illegal scheme” to deprive Kline of his future vested benefits.
A lower level associate general counsel position paid $230,000 to $250,000 annually, according to an online job posting in 2024 from the firm, the suit says.
Kline was told in March 2023 that the firm would not be renewing his contract. After Kline complained, he was given a new one-year contract providing that there would be no renewal after the contract end date of March 2024. Kline signed the document “under mental anguish and economic duress,” the suit says.
When Todd Rodriguez succeeded Morris as managing partner, he declined to change Kline’s employment status. Instead, Rodriguez told Kline that it was time to “hang up [his] spurs,” the suit says.
The suit alleges age discrimination under New Jersey law and breach of an implied covenant of good faith and fair dealing.
Kline is represented by Erica L. Shnayder of Shnayder Law. The media contact at Fox Rothschild did not immediately respond to the ABA Journal’s email request for comment.
