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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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Do you handle NJ labor laws
, Vice President, woman,

Customer Question

Customer: Do you handle NJ labor laws
JA: Thanks. Can you give me any more details about your issue?
Customer: Vice President, woman, 53, Ph.D. in a pharmaceutical company for 18 months with a very difficult boss (possible harassment). Only woman at the VP level or higher. About 150 person company. Stellar performance but boss would deny. Job seems to be in jeopardy. I want to know my rights.
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Submitted: 10 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

In employment law, our rights are limited. Without a contract of employment stating that we can only be terminated for cause, we are "at will" employees who can legally be terminated at any time, with or without cause or warning.

So, you have hinted at discriminatory motive, but to be able to have a claim (absent a contract), you must be prepared to allege that the basis for your termination and/or harassment is your gender, race, religion, age, disability or recent medical leave use.

If you are willing to at least allege that, for the purpose of having it investigated, you can potentially have more. The EEOC is a federal agency tasked with investigating allegations of discrimination. In most cases an employer is not overt in their discrimination and so employees are acting on hunches. Feelings about why they are being targeted, based on the things they see around them. The EEOC's job is to try and get more information through their federally granted investigatory powers...information you can't get. You must go through that agency to preserve any potential right to sue and to obtain a right to sue letter.

As for your allegation, think about the harassment you have faced. Have others of a different gender, race or age faced the same treatment? If you were terminated, are others of a different gender, race or age being retained, whose work record doesn't compare to yours? These are "disparate treatment" allegations, meaning differing treatment and your theory would be that your inclusion in one or more protected categories is the basis for that differing treatment.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter

Expert:  Allen M., Esq. replied 10 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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