Former TD Bank employees can continue with their putative class action alleging that a reduction in work force disproportionately affected older workers in violation of New Jersey law.

U.S. District Judge Robert Kugler refused to dismiss the complaint in Bratek v. TD Bank, 11-cv-3049, finding the plaintiffs had stated a prima facie case by identifying 18 under-40 employees who were retained while many over 40 allegedly were shown the door.