Legal Question in Employment Law in New Jersey

Is this discrimination / legal?

I was hired as Director of Purchasing (southern NJ location) for a mid-size company with three manufacturing locations and two sales offices located throughout the US. They did not have this position prior to my being hired. They company has been going through some financial problems and the Sept.11th trajedy only made things worse, because of the nature of their business. The Atlanta manufacturing facility is being closed. Most of the workers there were let go. Two management personnel (both male, and I am female) are being brought back up to the NJ facility. I was brought into the President's office and told I was being let go due to ''financial problems'' and ''downsizing''. He also stated that they wanted to avoid a ''duplication of work'' . This man was Production Manager. He is not qualified for, nor has he ever done my type of work. Also, he stated that he had ''seniorty'' - which is true, he has been with the company longer. However, I know that he makes much more than I did and is now doing my job - which I have had over 18 years experience at. Does this constitue wrongful termination or discrimination of any kind? If so, what is my recourse?


Asked on 12/07/01, 12:29 pm

1 Answer from Attorneys
Evan Levow Lutz, Levow & Costello, P.A.

Re: Is this discrimination / legal?

New Jersey is an "at will" employment state, meaning that, unless your job is subject to a contract, you serve at the will of your employer and vice versa. Of course, discrimination cannot play a part in any termination decisions. I didn't read that you were a contract employee, though letters of intent and some other actions may lead to a contractual relationship. I also didn't read that any discrimination occurred. Because he is male and you are female, and he has no experience to do your job -- this would not constitute wrongful termination in and of itself.

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Answered on 12/09/01, 6:18 am


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