Legal Question in Employment Law in New Jersey

Aramark Drew University Labor Issues

Hello I was mistreated unfairly by my job. My job terminated me wrongfully today. And I want to do something about it. All and any help is much appreciated.

After finishing my job for the day one manager stood and watched me as I was changing my shirt making me feel uncomfortable.

I was asked to dump a food of garbage from a garbage can into a food bin. The food of garbage contained maggots.

After finishing my job for the day one manager threatened to tell the head boss about me making the manager stay late because I had to change my clothes. That manager also told me to put my sneakers on outside. This happened several times.

After finishing my job for the day one manager made me walk through a dark pathway and walk down dark stairs to get to the other side of the building to change my clothes.

I accidentally cut my finger and one manager told me I did it on purpose.

I was promised by one manager to have two specific days off. But about two weeks later he went back on his word and gave me the days that he wanted me to have off.

Dishwashers never get out on time. Even when it was a blizzard we had to stay late even though some things were not necessary and could have waited to the morning. During the blizzard we got out 44 minutes late and there was no consideration for us getting home safely.

Mens Locker Room where employees get change have no heat. Itís freezing cold.

After the dishwashers are finished those who have to change clothes are rushed to get out of the building.

The company put in a new dishwasher machine which saves money for the company. But it makes the employees work twice as hard. The dishwashers are basically washing the dishes before it is put in the new machine. The new machine appears to just rinse the dishes.

There are two drainer holes in the dish room which are very hazardous to anyone. I almost hurt my knee as I stepped into the drainer hole.

On a Thursday I was scheduled to work from 10 A.M. to 6:45 P.M. This schedule was set several days before by one manager. But as I go to clock out at 6:45 another manager tells me I have to stay until 7:30. Then he back 10 minutes later and shows me a new schedule he just printed and says I have to stay until 8 P.M. That manager was the only manager in charge at the time the other managers clocked out already before. As I debated I have the right to go home the manager threatened to write me up and says that would be it for me. So I decided to stay and not just walk out despite what the manager said with the influential advice of a co-worker. That manager also changed my schedule to 12 PM to 9 PM for the next day, Friday. It was previously 10 A.M. to 6:45 P.M.

The company refuses to hire more workers instead they make the employees work twice as hard on a shortage of employees. And the company has made some dishwashers 6 full-time days instead of 5 what it was before the shortage. And that has gone on for a while now.

While performing my job I was shocked twice separate times due to an electrical hazard.

I was attacked by a fellow employee with a dish-holding cart. He ran into me purposely and said move. I suffered a temporary injury in which I left home early for the day. I reported this to the company but he was not fired. This same employee also called me the African American racial slur N-word twice. I did not report either racial slur occurrences. The first time I ignored it and the second time he apologized so I accept his apology. And the first time he called me a racial slur N-word he also called another employee who is Hispanic a racial slur S-word.

Asked on 3/17/11, 2:05 pm

2 Answers from Attorneys

Randall Brett Law Office of Randall P. Brett

You should talk with an attorney as soon as possible. Based on the allegations you make here, you might have strong claims for violation of federal and state worker safety laws, the workers compensation statute, wage and hour statutes, and perhaps the New Jersey Law Against Discrimination. Obviously, it is impossible to advise you on any of these potential causes of action without knowing more than you write here. However, a consultation with an attorney who specializes in employment law would be a good investment of your time and money.

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Answered on 3/17/11, 2:13 pm

Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. Normally, I would respond by saying there are many things in employment that are "unfair," but not illegal, and that "wrongful termination" refers to a termination based upon specific, illegal motivations---not merely a termination that the employee believes to be morally "wrongful." However, in your case, I must say, there appears to grounds for a discrimination claim and others. I suggest that you contact me immediately so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

IRS CIRCULAR 230 DISCLOSURE: As required by U.S. Treasury Regulations governing tax practice, you are hereby advised that written advice contained herein (if any) was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.

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Answered on 3/17/11, 2:36 pm

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