In addition to rights granted to older workers under federal law, the New Jersey Law Against Discrimination (LAD) affords protections to a number of classes of citizens. One of the protected classes under the LAD is age. The law protects persons who are seeking a job as well as those who already have one, making it illegal to discriminate on the basis of the protected status of age.
Generally, mandatory retirement at a certain age is prohibited by the LAD. An exception exists where a termination is justified by some other lawful consideration other than age. In New Jersey certain employees such as members of the fire department, police officers, and Supreme Court judges can be subject to a mandatory retirement age of 70.
Firing a person because of their advanced age is prohibited. However, this type of case can be difficult to prove. Employers may often attempt to mask illegal firing by corporate restructuring or downsizing that adversely impacts older workers. Aggrieved employees can file a complaint either with the office of the New Jersey Division of Civil Rights, or can file in State Superior Court.
A skilled employment law attorney can examine the facts of your case and thread through the many rules and regulations that are relevant. Contact the New Jersey employment lawyers of Deutsch Atkins, P.C. if you have questions about age discrimination in the work place or about any other aspect of employment law.
Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its potential outcomes.…
Michael K. Fortunato is a Partner at Deutsch Atkins, P.C. His practice focuses on employment litigation and counseling for employees and executives, including matters involving discrimination, retaliation, harassment, wrongful termination, whistleblower claims, severance negotiations, employment agreements, and restrictive covenants. Michael represents clients in litigation and administrative proceedings involving state and federal employment laws including the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
R.J. Prifitera joined Deutsch Atkins, P.C. in October of 2023. R.J. represents employees in wrongful termination, harassment, discrimination, and whistleblowing matters. Prior to joining the firm, R.J. received a B.A. from the University of Delaware in 2018. Thereafter, he attended and graduated Seton Hall University School of Law in 2022 where he received the Monsignor…
