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Monday, August 15, 2022

NJ Employee Attorney, I was a Worker Fired Then Told to Re-apply

Some unscrupulous employers are becoming savvier about avoiding lawsuits when they fire an employee for an illegal reason. One of the ruses that devious employers may implement is telling their employees that they are undergoing a massive overhaul of their business structure so that it will be an all-new model. They then tell the employees that they are terminated but encourage them to apply for a position within the new business model.

The employer may then post the new job applications or forward to the workers an employment application for positions within the new business model and state the final dates for the submission of the job applications.

While these practices may be legal to further legitimate bonafide business practices, in other instances, this practice could also indicate a red flag, a red herring to mask illegal age bias in employment, to fire older workers who will not be hired back upon their application to again work for the employer.

Almost All Unlawful Employment Discrimination Cases Involve Pretext for Discrimination.

When public or private employers are motived in part or whole by a bias such as race, age, sex, disability, or other protected class, etc., in their employment and termination business decisions, it is an illegal practice. Devising a strategy to hide the discrimination is a subterfuge known in legal terms as a “pretext for discrimination”. Almost all unlawful employment discrimination cases involve a pretext for discrimination.

It’s important for a worker to not be dismayed when their employer tells them that they are fired because of a bonafide business reason, when the worker suspects that an illegal bias, such as age or race, may have been a factor in the employer’s termination decision. The employer may be counting on the employee’s becoming disheartened and demoralized that she/he didn’t “make the grade” to the point that the worker just wants to put the whole matter behind her/him and move on.

Financial Compensation for Emotional Pain and Suffering and Lost Wages.

A worker may feel numb and immobilized after being terminated. This is particularly common if the employee was historically passed over for promotions for which the employee was otherwise qualified or not given opportunities for growth and advancement on par with the other employees. The employee may simply feel too “beaten down” to fight for their legal rights, which dispirited mental and emotional state the employer is counting upon. I have represented employees who were terminated and not re-hired, and was successful in recovering financial compensation for their emotional pain and suffering and moneys for lost wages, both for past lost wages and projected future lost wages.

Don’t Sit on Your Rights

I am an aggressive and compassionate employment law attorney who is experienced in successfully representing persons who were discriminated against at work and was successful in recovering multiple six figure settlement moneys for them. Let me fight for you. If you are thinking of resigning, or think you will be fired, or have been fired, it is important that you consult with an attorney who is experienced in employment law. I am successful in bringing employee lawsuits against governmental entities and private employers and recovering money for victims of age, disability, race and other discrimination.

If You Quit Your Job, You May Lose Right to Prevail in a Lawsuit

In many instances of discrimination, if you quit your job, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of quitting, or think you will be fired, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.

Let me fight for you. If you think you may have been discriminated against, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept discrimination and whistleblower cases from all over New Jersey.

Hope A. Lang, Attorney at Law represents workers throughout the state, Hackensack, Jersey City, Newark, Irvington, Orange, East Orange,  Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Union, Plainfield, Lakewood, Edison and every county including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris.

Hope A. Lang, Attorney at Law has convenient locations in Southern, Central, Western and Northern NJ to meet with clients.


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