Legal Question in Employment Law in New Jersey

do I have an age discrimination / wrongful discharge case?

I'm nealy 64. Worked 12 years as receptionist/billing for doctor.

Dr. sold practice 5 years ago. New dr. often made mocking comments about my weight, need for glasses, etc.

Yesterday he fired me, telling me first what a great worker I am and how smooth I kept things running. He said it was for 'business reasons'. He's hired a 20-something girl to take my place.

End of last year I got a $1,000 bonus, and throughout last year got numerous $100 bonuses when part-time help was out sick for several months.

Do I have an age discrimination/wrongful discharge suit?


Asked on 2/16/02, 2:03 pm

2 Answers from Attorneys

Evan Levow Lutz, Levow & Costello, P.A.

Re: do I have an age discrimination / wrongful discharge case?

You may very well have a claim depending upon the circumstances. If the doctor hired this young girl to do the same exact things that you did, and is paying her less, without any claims that you were not properly doing your job, you may have a decent claim.

Please contact us to discuss the case.

888-777-0455.

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Answered on 2/16/02, 8:52 pm
Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

Re: do I have an age discrimination / wrongful discharge case?

On the face of it, you have a reasonable claim for age discrimination, because your claim meets the elements under both the Federal and State anti-age discrimination statutes:

1. You are over 40

2. You were performing your job to your employer's legitimate expectations

3. You were replaced with a younger worker.

If you were to make a claim, either before an administrative agency such as the Division of Civil Rights, or in Court, your employer will have the opportunity to advance a legitimate non-discriminatory reason for your firing in order to avoid being liable. "buisiness reasons" won't cut the cake.

You may have a good case here, consult with an experienced employment attorney

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Answered on 2/18/02, 3:42 pm


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