Employers unfortunately often provide termination notices at the end of the calendar year. The timing of such termination notices around the holidays when an employee may be looking forward to beginning a new year, when there is no indication of loss of employment ominously looming on the horizon, can be particularly traumatic for older long-term workers.
While the harsh timing may be the worst time of year to inform workers that they no longer have a job, the year’s end year termination does not make it any more illegal than at any other time and it is only significant if employer applies an illegal basis, such as age, when choosing which employees will be let go and which will remain.
If you are a long-term employee who is let go, with or without notice, you may contact this office for a free consultation if you think that your age possibly was a factor in the termination decision.
I have represented numerous public and private employees who were let go, where the employer alleged a bogus “business justification” for the illegal termination, and was successful in obtaining six figure moneys for them.
One of the Common Factitious Reasons Employers Allege to Justify Firing Older Long-term Workers
One of the more common alleged “business justifications” for firing older workers, which proves on examination to be spurious, is that the employer is reducing the workforce.
The employer may in fact be reducing the workforce. However, if you, an older worker are terminated while younger workers who perform the same job are retained, it could be an indication that your age was a factor in the termination decision. In most areas of employment, it is illegal to consider age as a factor in making decisions as to which employees to retain and which to let go. If you are an older worker who is terminated while younger, similarly situated workers were retained, you may have an age discrimination claim New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. ("NJLAD") if your age was a factor in the termination decision.
New Jersey Courts in outlining approaches and analyzing discrimination claims filed under the NJLAD to see if they have substantive content for a valid claim, typically look to federal cases arising under analogous provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e-2 (Title VII) and the Age Discrimination in Employment Act, 29 U.S.C.A. § 623(a) and § 631(a) (ADEA). Age discrimination claims under the NJLAD and the ADEA are governed by the same standards and burden of proof structures applicable under Title VII of the Civil Rights Act of 1964. Before you can pursue a Title VII claim in court, though, you must go through the administrative complaint process.
NJ Employees may file age employment discrimination claims directly in NJ State Court under the NJLAD. Victims of discrimination in employment often erroneously believe that they have to first file a claim administratively before they can file a lawsuit. However, while this is true if a person wants to file his/her age discrimination claim under Title VII of the Civil Rights Act and the ADEA, New Jersey victims of age discrimination in employment may file an age discrimination claim more quickly and directly in New Jersey Superior Court under the NJLAD without having to first file an administrative claim with an agency.
According to government statistics, employment age discrimination claims have increased. According to statistics, discrimination plaintiffs fare better in state court than Federal court.
I have represented both public and private employees who were pushed out of jobs because of their age, including persons in their 50's, 60's, and septuagenarians and octogenarians, 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. If you think you are being pushed out of your job because of your age, you should contact this office immediately for a free consultation.
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 cases from all over New Jersey.
What You Can Do
I am an aggressive and compassionate employment law attorney who is experienced in successfully representing persons who were discriminated against at work. I am successful in bringing employee lawsuits against governmental entities and private employers and recovering money for victims of age, race, sex, disability, sexual orientation, and other discrimination.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.