Certain Statutory Remedies For Employees
Author:
Author: . Bornstein, P.a" href="http://www.articlesbase.com/authors/samuel-d.-bornstein,-p.a/304967.htm">Samuel D. Bornstein, P.a
Many
employees are aware that they have employment rights under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), Title VII of the Civil Rights Act and New Jersey's Law Against
Discrimination (LAD). YOU BE THE JUDGE: Are these remedial statutes available to all employees in all businesses? In a recent decision in the United States District Court for the District of New Jersey, many of a plaintiff's claims were dismissed because her former employer's business was too small. In the lawsuit, plaintiff claimed she was terminated while out on a medical leave of absence. Plaintiff claimed the discharge was motivated by two unlawful reasons: that she was disabled and requested an extended medical leave of absence to accommodate her injury; and that her employer retaliated against her for making complaints of racial discrimination. The court dismissed the claims under ADA and Title VII because the defendant had only 14 employees. These statutes defined an "employer" as being engaged in an industry affecting commerce and who has 15 or more employees for each working day for 20 calendar weeks in the current or preceding calendar year. Under FMLA the employer must have 50 employees. The decision points out that a courtroom can bring justice and may be the only way to protect your rights.
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Author, Samuel D. Bornstein, is associated with the law firm (
http://www.bornsteinlawfirm.com/) and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence, malpractice matters, immigration, civil rights and real state matters and insurance defense.