Miami, FL asked in Employment Discrimination and Employment Law for New Jersey

Q: What is the likelihood that I have a wrongful termination lawsuit, that could result in obtaining severance

I worked 15 years for my employer, with an additional 2 grandfathered years. March 2018 I was fired for performance. The firing came 3 weeks after being put on final notice with a six week improvement / performance plan to be completed by April 13. I had not received a poor review in my time with this company and had been steadily promoted, given raises and bonuses. I worked in the same department successfully for ten years, until new manager (and former close friend) took over the department. I contacted the president of my division asking for a reconsideration of severance and a stock grant reinstatement that delivered on May 1 2018. She responded no, and contact HR with any further questions. The series of events dont equate to me being anywhere near getting fired. In January 2018 I was approved as an employee in good standing so I could apply for a different role in the company, and was about to be offered the position.In June 2017, the manager gave me a review and raise.

1 Lawyer Answer
Andrew S. Abramson
Andrew S. Abramson
  • Employment Law Lawyer
  • Blue Bell, PA
  • Licensed in New Jersey

A: Assuming that you did not sign the proposed severance agreeement which presumably would have a release of all claims, it is possible that you may have a claim, depending upon the employer’s true motivating reason behind the termination. For instance, if you believe that despite the employer’s claim that the termination was for poor performance, if instead, the termination was actually motivated by your age, race, sex, religion, national origin, disability or a recent leave from work, you could have a viable claim. You need to review the entire situation with an experienced employment law attorney to fully assess your situation. Feel free to contact our office.

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