Legal Question in Employment Law in New Jersey

Well after 10 years I got fired or should I say I got my position eliminated.

They offered me a hourly position instead of my salaried one at less than half the wage and cannot guarantee full time hours. The alternative is my accrued vacation and 1 months severance which is nothing after 10 years.

I have a previous copy of the severance package explanation for my work which stated middle managemnet should get 3 weeks for every year of employment. When I told them that they claimed to know nothing of this and later claimed the policy has since been changed, it does not exist in the employee handbook nor has anyone been informed of this change.

I am upset as I have the suspicion I will get replaced solely to save money though they claim this is financial and a sudden decision, I have been aware of this for quite some time. Kiind of funny that this was an economic decision yet my immediate bosses make about 40000 a year more than I do. Like I said I have been there 10 years and have always recieved positive feedback from the guests. We have recently been taken over by a management company and slowly the salaried management are having their positions "eliminated" I figure the new company will bring in their own people once their contract is finally signed.

There are no jobs out there for a pastry chef right now, we are all being fired, I can make it financially until Januare or Feb but then will have run out of money, I can get unemployent but that still cannot pay a mortgage and support a family. We struggle as it it so this is a huge blow to us.

Do I have a legal leg to stand on here? Sorry if my post is rambling but I do not know what to do, I do not want to sign away on anything and they are pressuring me to sign immdiately and accept the limited severance.

HELP!


Asked on 11/08/09, 12:04 pm

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.

I do not say this often:

You need a very aggressive employment lawyer to go after them for you.

I do not do that work, but I know an attorney who is ferocious who does this full time.

Call me, and I will put you in touch with him.

What you are describing sounds flat wrong, and you should pursue this.

Please give me a call to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/13/09, 12:42 pm


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