any recourse?

[mblack]

What is the name of your state (only U.S. law)? NJ

I worked as a highly educated and respectful position in high tech industry drawing six figures annually. I was laid off in a bad way due to political reasons. Company is less than 25 people, privately owned, venture funded, and may close to shortage of funding.

I was the only unmarried person there. Other people about my age are married, engaged or about to be engaged. ceo also inquired a few times whether someone is married or is how soon getting married.
Is there anything that can be done?

Thanks in advance.What is the name of your state (only U.S. law)?

 

[ecmst12]

Marital status is not a protected class.

You can file for unemployment and start looking for a new job.

 

[mblack]

yes it is, in NJ

 

[ecmst12]

You were also NOT the only unmarried person, if there were engaged and soon-to-be engaged people there. If you were the only person not in a committed relationship, that is DEFINITELY not a protected class.

 

[mblack]

All of them are going to be married soon, due to pressure from the boss. That's discrimination.

 

[ecmst12]

Anyone who gets married because their boss wants them to is an idiot. Are there a lot of divorced or soon-to-be divorced people too?

Is this the only "political reason" you feel you were chosen for the layoff? Or were you ticking people off in other ways too?

I don't think you have a case, but you are free to speak with the NJ DOL.

 

[mblack]

The tone of your post looks sarcastic. I was instead hoping to get legal facts from this forum.

thanks for your input.

 

[ecmst12]

Can you PROVE that you were laid off ONLY because you were unmarried and not planning on getting married? Can they produce ANY other reason (random selection, seniority, performance, personality conflict) that you were chosen and not one of the others?

 

[Ronin]

If you were pulling in six figures in a company of only 25 people that is struggling and may close because of a shortage of funding, it is very likely your salary may have played a much larger part in your being let go than your marital status.

Beyond this, as already stated, the burden would be on you to prove that if not for your single status, you would not have been the one chosen to be let go. Not an easy thing to prove. This kind of legal battle would be very expensive and long, and one in which the odds are against you winning.

If, as you indicate is possible, the company ends up going under and closing its doors, then all this is moot.

 

[goddessoflubboc]

All of them are going to be married soon, due to pressure from the boss. That's discrimination.

And I got fired once because the new boss thought I was too fat (to be office mgr..). Discrimination? Yeah. Illegal, no.

I love people who only read enough to fit their needs. The law against discrimination in NJ related to familial status - including marital status - applies ONLY TO HOUSING....

 

[mblack]

Can a company convert a past layoff to employee resigning for the record

 

[Ronin]

Can a company convert a past layoff to employee resigning for the record

Why would theyk even consider falsifying a record to mislead a future employer for your convenience?

There are a lot of folks laid of this past year for reasons that should not reflect badly upon them. Any prospective employer would surely question the sensibilities (and even truthfulness) of someone resigning a well paying job without another one in hand.

 

[jsmith416]

Can a company convert a past layoff to employee resigning for the record

What "record"? The company could write in its internal file that you were fired for bringing a dozen monkeys to work and they destroyed the copy machine. However, if they knowingly provide false information when required by law to answer truthfully, say for example in an unemployment hearing, then there can be consequences.

 

[mblack]

I do not mean that company provide misinformation. I was given a layoff letter. Can the reason of separation be changed from layoff to voluntary resign on part of the employee. can a company do that internally if requested at a later date.

 

[cbg]

There is no law prohibiting them from amending their internal records to reflect a resignation instead of a layoff. Likewise, there is no law requiring that they do so. You can ask, but it is entirely up to them whether to do so or not.

And of course, regardless of what they put in their internal record, if any agency, such as the UI office, inquires, they need to answer with what actually happened and not what you found it more convenient for them to answer.