Legal Question in Civil Rights Law in New Jersey
I was just let go from my job. My employer made it out as though it was because of my availability. When hired for my position I informed them that I had to maintain availability for my part time job where I have my health insurance (as it's much cheaper for me there) and would not be able to work both weekend days. My part time job requires a weekend day to maintain a position with them. I was told this would be no problem, both from the district manager and the manager who I worked for originally. We had since gotten a new manager and he would fuss, but we honestly had enough employees to cover the hours. My former manager was also able to cover the hours with less people and no problem. This current manager has a history of needing and creating drama with employees. He has fired 3 other employees before me and I know without a doubt who's next. I had in the recent past brought this up with the district manager. The fact that we are targeted at will to his moods which made it a somewhat hostile working environment. I also requested that I be transferred if at all possible. I later found out that a position had been available (which is NEVER made known to current employees) and they filled it with someone else in the company. Besides our mostly bad relationship, my manager and I spoke often of our personal lives. (a mistake, I know) I recently found out I was pregnant and tearfully admitted my cause of needing a drs appt the following week because he had not yet made the schedule. This was on a Friday of week one. A week later he took me in the back room saying he needed to speak to me. He said he saw that I had requested off (which I had done 2 months earlier) and that it was too bad because he was scheduling me for that Sunday, the day I work the other job. I told him that he knew I could not work Sundays and that I had requested off from both jobs for the vacation I was taking that he knew about. (He frequently "forgets" we have these conversations which was a source of great frustration) He basically put me in a position where he knew I had to "refuse" to work a day he scheduled me and said he was letting me go because of my availability. I honestly believe it's because I am pregnant. Since telling him his attitude towards me completely changed. It's just a little coincidental for me. I am pissed and now jobless, no money saved and pregnant. Do I even have a case? Not sure if I should bother filing with the EOEA, but I do feel I was wronged and compensation should be made. Thank you.
2 Answers from Attorneys
Based on the facts you present, you should certainly talk with the EEOC or NJDCR. Your former manager engaged in some questionable behavior and there may be grounds for a complaint based on termination due to pregnancy.
I am not aware of all the facts in your situation and am not your attorney. The following should not be taken as legal advice. However, I will make some general statements on potentially applicable law.
In NJ, almost all employees are considered at will employees. This means that employers may fire an employee for any reason except a discriminatory one. In additional to the protections of federal laws, NJ employees are also protected by the broad protections of the New Jersey Law Against Discrimination. To establish pregnancy discrimination, a woman would need to show (1) she is a member of a protected class; (2) she satisfactorily performed the duties required by the position; (3) she was discharged; and (4) the discharge occurred under circumstances giving rise to an inference of unlawful discrimination.
You most likely need to consult an employment law attorney. If you would like to speak with me further, I can be reached at [email protected] or at 856-874-9090. If you call, please ask to speak with Dan.
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