| If you think your employer is planning to fire you, this may be of interest.
Most employment is "at will", that is both the employee and the employer are free to terminate the employment at any time, with or without notice and with or without cause.
There are statutory exceptions; one is New Jersey's Law Against Discrimination (LAD). The LAD grants protection to employees who complain to their supervisors or human resource personnel about prohibited discrimination in the workplace.
The LAD also grants relief to an employee who suffers retaliation for having made a complaint of discrimination to his employer.
In a recent case, the New Jersey Supreme Court reviewed the termination of a casino employee. The employee was fired after having filed a complaint of harassment and discrimination.
The casino denied that it discriminated against plaintiff or that he was fired in retaliation for having filed a complaint. But the trial court did not permit the casino to introduce an report of its investigations of plaintiff's complaint.
YOU BE THE JUDGE: If an employee wants to keep his job, can he prevent termination if he files a complaint with the personnel or human resources department?
The Supreme Court determined that the trial court should have admitted the investigative report in evidence.
And the Court also clarified that the LAD protections against retaliation are only for employees who complain in good faith. There is no protection for an employee who files a baseless discrimination complaint to beat the employer to the punch because some adverse employment action is anticipated. The Supreme Court held that the LAD is intended as a shield to protect employees from the wrongful act of their employers; but it is not a sword to be used by a savvy employee.
The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. 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. |
