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Dunn Lambert, LLC
comprehensive legal services for businesses call 201-957-0874

Senior living center may face lawsuit from former employee

It can be difficult for an employer to keep everyone happy, and when disagreements arise, decisions must be made. In New Jersey, if employees fail to do their job correctly, the chances are fairly good that they will be disciplined or even dismissed. Unfortunately, this can lead to a dispute and employment litigation if the employee deems the decision to be unfair.

Although employers have an obligation to protect the well-being of their employees, the employees have an equal responsibility to comply with the terms of their employment. In employment disputes, it can sometimes be difficult to ascertain who was in the wrong. Often cases are simply a matter of one person's word against another's.

In Iowa, a former employee of a senior residence community alleges that he was subject to wrongful discharge from his post. The 57-year-old man was employed by the community as a maintenance worker. He claims that he was told he was fired after rejecting inappropriate sexual contact from his supervisor.

The supervisor accused of harassing him has countered his claims, stating that he left the job of his own volition. She says that he resigned following a dispute that arose over his snow removal duties. Allegedly, the former employee had been warned about the matter before on a number of occasions, but when confronted once again, the employee decided to quit. He has since stated that he is preparing to file a lawsuit against the parent company of his former employer.

Although this occurred in another state, this case is a good example and reminder to businesses in New Jersey. Although it is largely a dispute between a worker and a supervisor, it is the company that faces the threat of legal action. If you are caught up in employment litigation, you need to tread carefully to protect your interests. However, with the guidance of an attorney, you can work toward a fair resolution that works in your favor.

Source: Iowa City Press-Citizen, "Man says he was harassed and fired; boss says he quit," Mitchell Schmidt, April 19, 2014

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