Legal Question in Employment Law in New Jersey

I was terminated from my job as adjunct faculty at Rutgers University after 12 years of service that included good observation reports. I was terminated after I asked the union to sit in on a routine meeting about a student. My supervisor is known to hate the union.

I am suing Rutgers for defamation of character, lack of due process and violation of contract and served the university a month ago. I just got back a communication saying that they are moving to have the case removed to a federal court instead of a state court.

Is this likely because that is where the case belongs or because it is in some way advantageous to Rutgers? And if it is because it is in some way advantageous to Rutgers, how can I stop this? Finally, how long do I have to stop this?


Asked on 12/12/11, 4:13 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Rutgers was ale to remove it to federal court because there is a federal claim asserted in your complaint. It is indeed advantageous to have your case heard in federal court on the federal claim because it is expedient' meaning, there will be a case management conference setting a specific timetable; the defendant will most certainly filed a motion to dismiss or for summary judgment citing to binding case law; and finally, you may want to employ an attorney -at the very least- to review your case given that it looks like you only have one federal claim (due process) and the rest are state claims that are not likely to stick to a State entity (Rutgers is a governmental entity).

Read more
Answered on 12/12/11, 5:37 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in New Jersey