Legal Question in Employment Law in New Jersey

Wrongful Termination

I started working for SDI Technologies on September 20th. My boyfriend died in a fatal car accident the morning of October 14th. I call my boss David Elmekies told him what happened but offered to come in. He said he did not want me to come in. October 15th I called David and told him the funeral arrangements. He said that I can have off until Tuesday and return to work Wednesday. I was totally prepared to return on Wednesday. When I came home from the funeral on Monday, Oct 18th there was a message from David to call him. I called he said what is going on. I explained that everything is completed and taken care of. That I will see him Wednesday. He said no we are giving you the week off with pay then I will make my decision on Friday. I asked are you telling me I'm going to lose my job. David said don't worry about it either him or Peter will call me to let me know the decision. The only complaints this man said to me that: he did not like me chewing gum in front of him, When he gave me direction I wrote my notes to slow, I made a color agenda for a meeting with his superiors. He thought it was a waste of time. David has been at SDI a couple of months and he is on his 5th Administrative Assistant. I want to sue.


Asked on 11/16/04, 12:06 pm

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: Wrongful Termination

So sorry about your boyfriend's accident.

In any event...in order to have a successful lawsuit, you have to be able to prove a recognized cause of action.

Nothing in your question indicates why you think you might have a legal cause of action. However, if you were chewing gum, could not write quickly enough, etc., these might be legitimate reasons not to want to employ you anymore.

You need to really look in the mirror and be honest with yourself: were your work skills up to snuff? Or did they leave something (or possibly a lot) to be desired?

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Answered on 11/19/04, 6:48 pm


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