Legal Question in Employment Law in New Jersey
I was terminated from Job after 19 years, The reason given to me was that do to them missing the sales number that my current position was being eliminated, two week after I was terminated, they announced the hiring of a new person, with a new tile with similar job responsibilities, do I have recourse.
They are holding 4 weeks vacation pay and offered me 3 weeks severance, if I sign a restrictive covenant that would preclude me from working in my field for 18 months
2 Answers from Attorneys
You should consult an employment law attorney before you sign anything. Your employer is required to pay you for earned but unpaid vacation but is not required to give you severance. If an employer does offer severance, it can require you to sign a release of (most but not all) claims as well as agree to a restrictive covenant. However, in New Jersey a restrictive covenant must be carefully crafted in order to be enforceable. In other words, an attorney will look at the documents the employer has presented you and advise you of your rights as well as how to respond to your employer. Regarding the "recourse" you ask about, it is difficult to say based on the limited facts you present here. You may have a claim under federal and/or New Jersey discrimination laws as well as common law but without more information, I cannot offer an opinion. Feel free to call me if you would like to schedule an appointment to discuss this matter further.
Don't sign the agreement until you get help and advice from an employment lawyer. Get in touch with me and I will put you in touch with a friend of mine who is an employment attorney (represents workers and sues employers). He can give you guidance. Call me at 201 820 3460.
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