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Tuesday, February 7, 2:20 pm
- 149 LL Recess Appointments January 20, 2012
- 087 LL Reading, Writing, Frisking January 6, 2012
- 148 LL Is Christmas Unconstitutional? December 30, 2011
Can you really be fired for anything?
The short answer is no! Some say New Jersey is a right to work state which really means a right to be fired state. Some employers cloak their discriminatory intent under this guise. When the cloak is peeled back, we can often see that their true reason for firing an employee violated the law. “To establish a prima facie case of discriminatory discharge, the plaintiff must prove:(1) that he or she is a member of a protected group;(2) that he or she was performing his job at a level that met his [or her] employer’s legitimate expectations;(3) that he or she was nevertheless fired; and (4) that the employer sought someone to perform the same work after he or she left.”- in McConnell v. State Farm Mut. Ins. Co., 1999 By way of example, if a law firm was run by three partners (two Jewish and one Protestant) and these partners fired a series of Catholic lawyers, the Catholic lawyers would have a cause of action for wrongful termination because someone’s religion is a protected category. Often, the employer will make false allegations like the employee stole a fee when the employers true intent is to discriminate against someone for their religous beliefs.
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