When companies announce layoffs or “restructuring,” long-serving professionals—especially senior executives, C-suite leaders, and high-level managers—often find themselves facing sudden job loss. Regardless of the contributions made or the tenure with the organization, your position may be deemed unnecessary.
However, in some cases, these actions may not be mere restructuring. Age discrimination (or ageism) could be at play. If you believe your age influenced the decision to terminate your employment, consulting with an experienced employment discrimination lawyer in NJ can help you assess whether the company’s actions were unlawful under NJ law.
Understanding Age Discrimination in New Jersey
Under New Jersey’s Law Against Discrimination (LAD), age discrimination involves treating an employee differently based on age. While age discrimination can impact employees both younger and older, it most commonly affects seasoned professionals who are phased out in favor of younger employees.
Though the law provides some exceptions—such as hiring protections for those under 18 and employment restrictions for individuals over 70—it is illegal for companies to make employment decisions based solely on age.
Key examples of prohibited age-based actions include:
- Refusing to hire someone because of their age
- Forcing an employee to retire
- Terminating or laying off an employee due to age
If you are a senior executive or C-suite leader impacted by restructuring, and you believe age was a factor in your termination, it is essential to engage an NJ workplace discrimination lawyer promptly to investigate and protect your rights.
What Remedies Are Available?
If age discrimination is proven, several remedies may be available under the law, including:
- Reinstatement: Returning to your original position or being placed in a comparable role.
- Back Pay: Compensation for lost wages and benefits, with interest, from the time of termination.
- Reinstatement of Benefits: Restoring healthcare, retirement, or other employee benefits.
- Emotional Damages: Compensation for emotional distress, humiliation, or pain and suffering.
- Monetary Penalties: Employers can be fined—up to $10,000 for a first violation and up to $25,000 for a second violation within five years.
If the employer has a history of age discrimination, informing your NJ discrimination attorney is critical, as this pattern can strengthen your case.
How to Prove Age Discrimination in Layoffs or Restructuring
Proving age discrimination can be challenging, especially for senior executives who were told their position was “eliminated.” However, here are some ways to build a case:
1. Identify a Replacement for Your Role
If the company replaced you with someone younger who performs the same or similar duties—even with a different job title—it may suggest age-based bias. Companies often position such moves as “restructuring,” but if the younger employee takes over your responsibilities, this could be indicative of discrimination.
2. Look for Patterns of Discrimination
If the company laid off multiple employees from senior-level roles, all belonging to a specific age group, and replaced them with younger talent, this pattern may signal systemic ageism. Pay attention to whether executives over 50 or long-tenured employees were disproportionately targeted in the layoffs.
3. Document Evidence of Age-Related Behavior
Even subtle comments can provide insight into the company’s motives. Some behaviors to document include:
- Questions about when you plan to retire
- References to needing “new blood” or “fresh ideas”
- A noticeable reduction in responsibilities, especially if challenging tasks are reassigned to younger employees
- Requests to train a younger colleague to perform your job duties
If these changes were not at your request and led to frustration or feeling forced out, it could support a claim of constructive dismissal.
Next Steps: Protect Your Rights and Consult a Lawyer
If you suspect that your termination was the result of age discrimination, avoid making any immediate accusations or claims to your employer. Instead:
- Gather Evidence: Keep records of any communications, decisions, or behavior that could support your claim.
- Consult a Lawyer Quickly: Contact an NJ workplace discrimination lawyer as soon as possible. Critical evidence and documentation must be preserved early in the process to strengthen your case.
At the Hamilton Law Firm, our experienced NJ discrimination lawyers are ready to assist you. We will assess your situation, guide you through the legal process, and help you hold employers accountable for discriminatory practices.
The robust New Jersey Law Against Discrimination is designed to protect workers of all levels, including C-suite and senior executives, from age-based employment decisions. If you believe your termination was influenced by your age, contact our NJ discrimination attorneys today.