Scenario number 2. I worked for a company for 3 weeks. When I was hired, the employer asked me if I had and physical problems. I said yes, I have arthritis in knees. He hired me anyway. He also offered more in the way of money than anyone else. I was working with 20 year olds (I'm 49). One of the employees saw my check , I didn't show him it and he was quite outraged that I was making more than them with less time. I had trouble keeping up with the 20 yr olds running here and there. So they let me go, due to me being slow because of my limitations with my arthritis in my knees. Do I Have any type orights in this matter? I live in NJ. Any help would be appreciated...thanks
2007-08-09 13:57:26 · 7 answers · asked by bigmoose24@verizon.net 2 in Politics & Government ➔ Law & Ethics
According to the Americans with Disabilities Act, it is against the law for employer to ask if a person has a disability or other physical limitations. It isn't against the law to ask what type of accommodations are needed for a person to preform their job duties.
I would encourage you to consult with a lawyer to see if you have a case.
2007-08-09 14:10:51 · answer #1 · answered by Erica, AKA Stretch 6 · 1⤊ 0⤋
Is New Jersey an AT WILL STATE?
I live and work in Indiana which is an at will state.
That means that any employer can let any employee go at any time with no notice no reason, and any employee can leave at any time with no notice no reason.
This topic is covered by "labor laws" so I looked up on the Internet to find out what the story is on this for New Jersey.
http://www.state.nj.us/labor/lsse/lsgenfaq.html
Qhoting from that site, New Jersey is in fact an AT WILL state, with the situation as I described for Indiana.
QUOTE
However if the employee feels that he/she has been discriminated against based on religion, color, sex, national origin, age or disability he/she should contact the New Jersey Department of Law and Public Safety's Division on Civil Rights at (609) 292-4605.
UNQUOTE
Notice that you might think you were discriminated against because of age, but the employer could argue that you were discriminated against because of phyiscal condition and stamina. Notice that it is not illegal to discriminate because of the latter.
There are places on Yahoo Answers where people hang out that are especially good at various topics. I think you would be better off posting this kind of question under
Business & Finance / Careers & Employment
2007-08-09 21:09:28 · answer #2 · answered by Al Mac Wheel 7 · 0⤊ 1⤋
Hard to say if you have a good case without all of the details, but your case looks somewhat weak. The employer should not have asked you about physical problems. That is against the federal law by itself. State law may come in to play as well.
You need to see a lawyer in your local area, but don't drag your feet about it. It think you have to start the paper work on a federal EEOC violation within 60 days of the violation.
2007-08-09 21:17:00 · answer #3 · answered by robert f 3 · 1⤊ 0⤋
Everyone has a right to sue. That's what the civil court is for. However, if you want to know whether you have a case, you need to consult an attorney. Most of them will consult FOR FREE.
2007-08-09 21:01:40 · answer #4 · answered by cyanne2ak 7 · 1⤊ 0⤋
If this isn't classic age or disability discrimination suit waiting to happen,I don't know what is.How in the hell did they find out how much you make,as if that means anything?And above all,you were straight up w/your boss(The jerk!)from day one.Talk to a lawyer!If he/she thinks you have a case(I do)then,he/she doesn't get paid until you do.Go for it!
2007-08-09 21:05:04 · answer #5 · answered by TL 6 · 1⤊ 0⤋
What you should do is get a lawyer, what many of them will do in a very evidential case like this one is take it on "contingency"- which means they will get payed after you get payed.
2007-08-09 21:10:07 · answer #6 · answered by Anonymous · 0⤊ 0⤋
everyone has the right to sue
2007-08-09 21:07:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋