(Written By: Ian D. Meklinsky, Esq., 609.895.6756, imeklinsky@foxrothschild.com)
In simplest terms, all employment litigation involves an allegation that the employer did not make a sensible and responsible business decision: that it broke a promise (such as failing to follow a procedure upon which an employee relied), acted for a reason that the law defines as improper (such as “whistle-blowing”) or irrelevant (such as race, sex or age) or behaved in a manner intended to cause harm and wholly unrelated to business interests (such as gossiping about the reason for an employee’s termination to those with no business need to know). While litigation is often unavoidable and ultimate success can never by guaranteed, the simple truth is that practices and decisions that make sound, practical business sense are the most defensible in litigation. Read More.