New Jersey Employment Lawyer Blog
Modern technology can be both a great help and a hindrance sometimes. One way in which it is potentially beneficial is by providing a means for recording things in a moment’s notice, which may be extremely helpful if a situation evolves into a lawsuit. In an auto accident, you may use your device to record the accident scene, which may help your personal injury attorney later. In an employment dispute, your smartphone may help you record conversations that will later be key proof that you were fired, not for some legitimate reason, but due to illegal discrimination. Whatever amount and type of evidence you may have recorded, a skilled New Jersey employment attorney can help you take the proof and use it to your maximum benefit.
An example of modern technology in action was the case of T.S., an activity aide at a nursing home in South Jersey. According to the Attorney General’s Division on Civil Rights, T.S.’s employment transpired like this: She started her activity aide job in July 2017. On her second day at work, the aide told her employer that she was pregnant. Her supervisor allegedly told her that day that “it would be a ‘liability’” for her to stay and that she should go home, nj.com reported.
According to T.S., she then contacted the employee who gave her hours for the first two days. That employee allegedly told her not to return to work and that she’d been terminated as a result of her pregnancy.
When important information exists only in the form of oral communication, it can be difficult sometimes when it comes to proving it. T.S. said her employer told her that she was terminated because she was pregnant and that she should stop showing up for work. The employer asserted that it only terminated her after the aide stopped showing up, and that the termination was for non-attendance.
This is where modern technology entered to help T.S. and help the A.G.’s office, in pursuit of this employer. When T.S. contacted the employee who had given her work schedule to her and that person stated that T.S. had been temrinated due to her pregnancy, the aide recorded that conversation using the smartphone application Snapchat. Additionally, T.S. saved a string of text message communications between herself and another former employee of the nursing home who, like T.S., allegedly was fired for being pregnant.
Based on that digital information, T.S. had a lot more than just her story to offer, and her case was much stronger than just a she-said-they-said dispute with a former employer. Armed with that information, the A.G.’s office filed a “Finding of Probable Cause” against the nursing home.
These legal actions by the Division of Civil Rights, while not the same as a civil lawsuit by the employee, can provide the employee with some important benefits. If the division and the employer don’t settle the matter, the division’s director will ultimately take action. The director can, among other things, order the employer to reinstate a discriminated-against employee to her job, as well as to compensate the employee for lost wages and other damages.
Sometimes, you may have recorded vital evidence on your devices that will help with your discrimination or harassment case. Other times, you may have only your recollection of the damaging events. Either way, skilled counsel can help you get the evidence you need and present it in the most effective way possible. For reliable representation, contact the diligent New Jersey discrimination attorneys at Phillips & Associates. Reach us online or at (609) 436-9087 today to set up a free and confidential consultation and to find out how we can help you.
More blog posts:
New York Times Report Spotlights the Extent of Workplace Pregnancy Discrimination, Even at Some of New Jersey’s Largest Employers, New Jersey Employment Lawyer Blog, Nov. 8, 2018
What Happens if I Was Fired in New Jersey for a Medical Condition Related to My Pregnancy?, New Jersey Employment Lawyer Blog, April 27, 2018