Paterson, NJ asked in Employment Law for New Jersey

Q: Can I sue my boss and owner for mistreatment at my job in NJ?

After working for 25 years at my current job, I am experiencing mistreatment and being deprived of the tools and duties necessary for my position. My immediate boss frequently curses at me, yells, and humiliates me. Additionally, my vacation time has been denied, and I have not received any pay raises. There is no HR department, and my attempts to speak with the company owner have been blocked by my boss, who also micromanages to the extent of holding computer access necessary for my job. I am unsure if company policies are being followed, and this treatment seems directed solely at me. Can I sue my immediate boss and the company owner for this treatment?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In New Jersey, you may have grounds to pursue legal action if you are being mistreated at work, especially if the behavior is severe or ongoing. If your boss's actions involve harassment, humiliation, or retaliation, you may have a case for emotional distress, harassment, or even constructive dismissal, depending on the circumstances. The treatment you're describing, such as denying vacation time and micromanaging, could potentially be part of a pattern of mistreatment.

Since there is no HR department, it may be more challenging to resolve the issue internally, but you can document everything, including incidents of mistreatment and your attempts to address them. If the mistreatment is based on a protected characteristic, like race, gender, or age, it may strengthen your case for discrimination. Without clear company policies or a formal way to resolve disputes, legal action might be your next step.

It is a good idea to consult with an employment attorney who can assess your situation, guide you through your options, and help determine if you have a case. They can help you understand whether you can sue your boss, the company owner, or both, and assist in pursuing the proper legal channels.

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