Employment Law

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Do you handle NJ labor laws
, Vice President, woman,

Customer Question
Do you handle NJ...

Do you handle NJ labor laws

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

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.

Submitted: 2 years ago.Category: Employment Law
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Answered in 2 hours by:
1/23/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified

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

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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