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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11504
Experience:  Significant experience in all areas of employment law.
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I was recently let go of my job. My boss picked on me and

Customer Question

I was recently let go of my job. My boss picked on me and said that I looked unhappy and that I am young and can find a new job. He said this to me often. Can I sue him for being let go? I feel he harassed me. Or is it worth it?"
Submitted: 5 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 5 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 5 months ago.

Unfortunately, it's not illegal to terminate an employee for looking unhappy or being young. In general, employment in the state of NJ is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. You should be eligible for unemployment benefits but that would typically be the extent of your recourse under the circumstances you describe. I am sorry I can't provide better news.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Customer: replied 5 months ago.
isn't it discrimation against age
Expert:  Patrick, Esq. replied 5 months ago.

Unfortunately, age discrimination laws only protect people over 40. It is not actionable to discriminate against someone for being young.

Again if there is anything more I can do for you just let me know. It's my pleasure....

Customer: replied 5 months ago.
isn't it harassment
Expert:  Patrick, Esq. replied 5 months ago.

Harassment is not illegal unless it relates specifically to a legally protected trait (i.e. yelling racial slurs). Otherwise, there is no law that prevents employers from being rude mean or disrespectful. I am sorry.