Legal Question in Employment Law in New Jersey

My wife just got a job a few weeks ago as server at a new small restaurant and her boss yells/belittles her to where she is scared to go to work and cries almost every night she comes home. Last night he proceeded to tell her not to say a word after he screamed at her in front of all her fellow employees over a minor mistake that she made. She comes home thinking that he belittles and yells at her because she is overweight and not attractive enough in his eyes. I can see the mental abuse on her face every night as it takes her hours to unwind every night from his constant harassment. She is worried that she will be fired any day for the smallest infraction or for not doing anything wrong at all. She took this job despite being overqualified for it and knows that she is performing more than adequately based on customer feedback and tips. She has worked for several bosses in the past in several fields, including the restaurant business and has succeeded and been promoted by all of them. She is more than qualified for her job and goes above and beyond. Her boss has her backed in a corner as she has been looking for a job for months and feels like she can't leave no matter how bad she is treated. What kind of rights does she have (in NJ) while employed by them or if she is fired by them w/out reasonable cause?


Asked on 3/05/11, 1:01 am

1 Answer from Attorneys
Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. Employment in NJ is at-will, which means, generally, an employee can be fired at any time without or with a reason--good, bad or otherwise. However, it appears your wife may have a claim under the NJLAD for illegal harassment (i.e., harassment based upon obesity) as well as a claim for intentional infliction of emotional distress. I suggest that you contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.Thank you for your LawGuru question.

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Answered on 3/05/11, 6:32 am


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