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I’m Almost Ready to Retire and I was Fired. Do I have any Rights?

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.

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Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Senior Partner

About 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…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in a…

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Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

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Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the Americans…

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