Legal Question in Employment Law in New Jersey

Unfairly, dishonestly choosen for layoff

My employer laid off 1 flight attendant, sho was most senior, and said it was due to disciplinary problems. They also laid off 4 pilots and 1 dispatcher, myself, and based it on seniority as they claimed all the pilots and dispatchers scored the same on evaluations. There were never any disciplinary problems with the pilots, but one of my co-workers in dispatch had disciplinary problems that were never documented or the documentation disappeared. I have several past and current employees who will testify that there were disciplinary problems. I never had any and my performance evaluations were always excellent. My past managers have denied to my past employer there were any disciplinary problems, but I can prove otherwise. I find it unjust, unfair and discriminatory that they used discipline against one employee but not another. Have they done anything illegal and do I have any kind of legal recourse?


Asked on 11/01/03, 6:12 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Unfairly, dishonestly choosen for layoff

It's possible that there is a violation of ADEA if it can be shown that the terminations were based on age discrimination and the use of "disciplinary violations" were pretextual. I would need to know more.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 11/03/03, 10:32 am


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