Persons have come to me who lost their job in an alleged "restructuring", where the employer told the employee that he/she was "not really" being terminated from their position, because the employee's employment position was eliminated in a purported "re-organization", so there was no longer work for the employee.
I have found in my practice that the excuse of a purported "re-organization" by the employer may be a subterfuge, a smoke-screen effort by the employer attempting to avoid a wrongful termination discrimination lawsuit.
There are numerous ways to prove when a "re-organization" argument is really a gimmick, an impostor maneuver ploy to deceive the terminated employee into not filing a discrimination lawsuit. I have successfully represented employees who have been let go in a so-called "restructuring" and have been successful in obtaining six figures settlements for public and private employees.
The race and sex of a person should not be a defining factor in whether someone is best qualified to perform the essential tasks of an employment position. Neither should age in most instances be a defining factor when assessing whether someone is too old for their job.Unfortunately, many employers disregard this reality, and age discrimination lawsuits are on the rise.
If your employer informs you that your position is being eliminated and tells you that you have the right to apply for another position within the company, there is no guarantee that they will hire you for another position.
In a wrongful termination suit that involves an alleged restructuring, the terminated employee plaintiff should obtain in the discovery phase of the lawsuit, supportive and corroborative evidence that supports the proposition that the employer's alleged reasons for the termination is really a sham. This is evidence that from which a jury could conclude that age (or other prohibited factor such as sex, etc.) was a motivating factor in the termination and that the Defendant employer's articulated justifications are really a pretext.
Among what is meant not as an exhaustive list, but a sample to prove that the reasons articulated by the employer are really a pretext for discrimination are:
- Statements under oath of other employees or terminated employees, obtained in depositions, that tend to show that the employer, through its words and/or acts, has a bias. Comments made by an employer, and overheard by other employees, that, "It’s time for certain older employees to retire," may be evidence of an age bias.
- Evidence that others in the same category as the Plaintiff were also let go, while other employees who are not in the same category as the Plaintiff were retained. Example: female employees were let go, while male employees were retained.
- Evidence that the employer's decision-making process as who to retain and who to terminate is not based on a single objective criteria.
- Demonstrating where possible, that there is no cost savings as a result of the restructuring. Employers frequently attempt to justify a purported reorganization and ultimate termination as a cost-saving procedure for the business.
As an example, in an age discrimination lawsuit brought by a public employee terminated when she was in her late sixties, the employer, a municipality, alleged it was part of a purported reorganization, done ostensibly as a cost-saving procedure. This law firm represented the terminated employee and was successful in obtaining documents tending to prove that not only was there no cost-savings, but that the employer's expenditures actually rose, and I was successful in obtaining a multiple six figure settlement for the employee.
What You Can Do
If you believe that your employer used age or some other prohibited factor such as sex, race etc., as the determining factor as to who to keep and who to let go, it is important that you consult with an attorney who is experienced in discrimination. I am an aggressive and compassionate employment law attorney who is experienced in representing older workers, the disabled and other minorities. I accept discrimination cases from all over New Jersey.
If you are being subjected to such unlawful workplace discrimination, contact Hope A. Lang, Attorney at Law today for a free consultation.
New Jersey employment attorney, Hope A. Lang, Attorney at Law serves clients throughout the state, including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties with locations in Central, Western and Northern NJ to meet with clients.