Wrongful Discharge

Employment Attorneys Serving Northern and Central New Jersey

In 2010, Congress passed the Dodd Frank Act which in part was designed to expand legal protection to whistleblowing employees of publicly traded companies who disclose, object to or refuse to participate in conduct that violates federal securities laws. On June 26, 2017, the United States Supreme Court agreed to hear an appeal from the 9th Circuit Court of Appeals in San Francisco to decide whether the Dodd Frank Act protects a whistleblowing employee who objects to federal securities laws violations to company management but not to the Securities and Exchange Commission (SEC).

So far, it appears the the EEOC during the Trump Presidency will emphasize enforcing the federal Age Discrimination in Employment Act which prohbits age discrimination against employees over 40 years old.  See, Age Discrimination Next Up on EEOC’s Radar – Workforce Magazine.  Hopefully, this is not just window dressing but real action.  Studies by labor economists and the Federal Reserve Bank in San Francisco have found that older job candidates, and in

The attorneys at Green Savits have handled many whistleblower cases on behalf of police officers, doctors, corporate senior management, sales employees and others. So when we observed the firing of FBI Director James Comey, we immediately recognized the classic elements of whistleblower cases being played out on the national stage.  The Comey firing is instructive on how whistleblower cases are proven.

 

As Baby Boomers age, their employment becomes more precarious. What makes this even tougher for Boomers are their finances after paying exorbitant college tuition bills for their children (for those that can even afford it) and and less than optimal savings. Accordingly, Boomers must work longer to have a decent semblance of retirement.

The Federal Reserve Bank in San Francisco conducted a study in 2015 how age discrimination affects men and women. Researchers sent out approximately 40,000 applications to employers for 13,000 positions in eleven cities across twelve different states.  The study concluded that older women applying for jobs were 47% more likely to be initially rejected for administrative positions than their younger counterparts.

Before choosing to proceed with litigation for employment discrimination, our clients often ask us whether the litigation will impact their receipt of unemployment benefits. While the answer to that question is clearly no, whether defendants could later seek an offset of unemployment benefits received against damages recovered by prevailing plaintiffs in employment discrimination litigation has remained somewhat unclear. Until yesterday.

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