New Jersey Legal Update - Podcast #16
This week's New Jersey Legal Update podcast will discuss IBM's recent announcement that it will not use genetic information when making employment decisions or when determining eligibility for employee health care programs.
This week's New Jersey Legal Update is presented by David Krulewicz a member of the Firm's Employment Litigation group.
You can download the New Jersey Legal Update Podcast # 16 here.(12MB)
My employer terminated me in August 2005, following my filing of an ADA claim. The claim is being dismissed by the EEOC as having "insufficient evidence". However, I filed a subsequent retaliation claim in October after they terminated me in August and were unable to demonstrate "just cause" as required by our CBA. The charge was recently served to them last month.
The issue at hand is the fact that still, more than 3 months after the termination they cannot show just cause but want to reinstate me. They want to reinstate me with all my benefits, seniority, pay rate - but no back wages. They claim they do not have the money to cover $3,000 in lost wages. I was a part-time employee.
I offered them a no-fault settlement agreement, where I agreed to withdraw my pending EEOC claim in exchange for my salary as well as an expungement of the allegations brought against me which were not able to be substantiated. They do not appear to be able to justify their position.
My question is, shouldn't I be entitled to my salary? The Union claims that if I reject their offer, but then do not prevail with the EEOC, then I may not get anything at all (job or salary). On the other hand, the fact that they are disussing reinstatement shows me that they have doubts about the termination as well. And they were wrong - it's easily substantiated on my part.
My argument to the employer is that their counsel will more than likely want to go to mediation as he did on the initial charge. This will cost them about $2,000 for the entire day just for everyone being off the job for the day. Why not just resolve my issues now? Why re-enter the employment relationship with open disputes? Who does this benefit? Is there a law that requires pay for lost wages upon reinstatement? It was not a lay-off!!
Chris - First, thank you for visiting our website and your email. Unfortunately, I can not discuss your questions through email, but I would be happy to speak with you directly. At that point I can let you know if this is something my Firm would handle. I can be reached at (609)896-9060, ext. 5244.