If you work as an employee, this may interest you.
Many employees are aware that they have employment rights under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), Title VII of the Civil Rights Act and New Jersey's Law Against Discrimination (LAD).
YOU BE THE JUDGE: Are these remedial statutes available to all employees in all businesses?
In a recent decision in the United States District Court for the District of New Jersey, many of a plaintiff's claims were dismissed because her former employer's business was too small.
In the lawsuit, plaintiff claimed she was terminated while out on a medical leave of absence. Plaintiff claimed the discharge was motivated by two unlawful reasons: that she was disabled and requested an extended medical leave of absence to accommodate her injury; and that her employer retaliated against her for making complaints of racial discrimination.
The court dismissed the claims under ADA and Title VII because the defendant had only 14 employees. These statutes defined an "employer" as being engaged in an industry affecting commerce and who has 15 or more employees for each working day for 20 calendar weeks in the current or preceding calendar year.
Under FMLA the employer must have 50 employees.
The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Hackensack, Washington Township, Elmwood Park, Haworth, Edgewater, Woodcliff Lake, Westwood and throughout Bergen County, in Wanaque, Wayne, West Paterson and elsewhere in Passaic County, in Verona, Newark, West Orange and throughout Essex County, in Chester, East Hanover, Morristown, Kinnelon, Florham Park and Parsippany in Morris County, in Clark, Elizabeth and Cranford in Union County, in Jersey City and Weehawken in Hudson County, in Trenton, Lawrenceville, Frenchtown and Princeton in Mercer County, in Cranbury, Fords, New Brunswick, Iselin and Woodbridge in Middlesex County, in West Long Branch and Wall Township in Monmouth County and throughout the State of New Jersey, as well as New York City. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation. |
