I was employed by Stryker Howmedica Corporation for over 25 years. On March 17th I was unjustly terminated from my position as a foundry worker. They never once provided me with a written and or verbal warning on clocking out late at the time clock. I was discharged an denied unemployment . I disputed the unemployment case through an appeal tribunal and won 5 months of owed benefits. The Appeal tribunal stated that according to New Jersey law the reason given by my employer, "discharged for severe misconduct connected with the work was unfounded, that why we are giving you your Unemployment Benefits." I want my job back especially since this eS an extremely unfair discharge. Do I have a case against my employer or company?
State/Country relating to question: New Jersey
I have contacted different nj lawyers. one asked me what would the legal claim be for this case? I have also won my rights to receive unemployment benefits due to the fact that the employer did not justify reasons for discharge. I really do not now why I was fired. No previous be it verbal or written was issued to me.
Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.Did you have a contract of employment stating that you could only be terminated for cause?Were you a union member?Do you suspect discrimination based on race, religion, gender, age, disability or FMLA use?
This company is private. There is no union. I suspect discrimination based on age.
Ok. Without a contract or union, the employer doesn't actually need a good reason for Termination. Legally, they can actually be wrong about the reason....just in terms of termination.The reason you won unemployment is that the determination to block your unemployment requires a higher standard than just a legal termination. You have a statutory right to your unemployment, but not your job (and without a contract or union, you have no contractual right either).So, the basis for the termination being inadequate really only helps to the extent that it suggests an illegal motivation for your termination. You've raised your age. If you believe that you connect the two, then you need to contact the EEOC and file an age discrimination claim with them. They will investigate, for free, and help determine the strength of your claim. It is possible that they can resolve the issue through mediation.
Employment/Labor Law Litigation
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