QUESTION

If during my annual employee review it is strongly implied that my bonus would have been more had I not gone on maternity leave, is that discriminatio

Asked on Jan 06th, 2015 on Discrimination - New Jersey
More details to this question:
I worked throughout my pregnancy and around Dr. appointments and took 6 weeks of NJ temporary disability after my son was born and 6 weeks of NJ FMLI. I was not paid for leave by my employer from 9/16/14-12/15/2014. It was strongly implied during my annual employee review that my bonus would have been more if I had been there the whole year. Side note, I was checking emails and in touch with my office for my whole leave, I was never out of touch and even came in for a few hours several days to keep up with work.
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1 ANSWER

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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Discrimination is a constitutionally based protection. For example, discrimination would occur if one did not get a job based on religion race sexual orientation or disability. The latter, to wit, the pregnancy, would open the door for you to make a disability claim. There are three significant hurdles. The first and foremost hurdle is that you must prove your case to a jury of your peers. You have the burden to prove the case by a preponderance of the evidence. The second hurdle is that you will be terminated when you make a claim. The third hurdle is overall employment discrimination based upon you bringing the claim against the employer. Please take into consideration all three hurdles before making the claim. Do you have evidence that you were against based upon pregnancy? Do you have written documents which would support that claim? Do you have witnesses that will testify in court that will support that claim? Please call if we can help.
Answered on Jan 06th, 2015 at 8:22 PM

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