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NJ Statutes of Limitation & Validity Question! New Jersey New Jersey

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  • NJ Statutes of Limitation & Validity Question! New Jersey New Jersey

    Without getting long and drawn out...here's the highlights of the problem. I have reason to believe that my former employer (national corporation) with the blessings of our union, hired 200 employees for the strategic contract negotiating purposes. Upon obtaining their strategic objective, we were terminated. My questions are simple.

    1) What is the statutes of limitations for filing a wrongful termination lawsuit. I'm hearing 6mo.? 1 year? 2yrs?

    2) If we had a bargaining agreement that did required the union to take certain steps to insure our job titles were not terminated and the company nor union exercised them, do I have a case against the company and the union? Further, is a breach of contract lawsuit against each or both in order? Lastly, does a breach of contract lawsuit circumvent the statutes of limitations for a wrongful termination?

    3) How would I go about filing these suits? State or federal court?

    4) Is a class action in order? I have 5 guys readily available to join in.

    Anyone?

  • #2
    What were the reasons for termination?

    Comment


    • #3
      The more I look at this post, I more I'm thinking this issue is way more complex than can be handled on a public bulletin board, whose purpose is general information regarding employment law.

      You're really going to dicuss any possible recourse with a local attorney versed in employment and contract law.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        No reason was given. The company refused to offer an official termination reason in writing. We given our contract stipulated severance and unemployment wasn't challenged.

        I recognize it is something that a professional local attorney should handle. I've basically done the whole research and provided the entire evidence and link for negligence, etc. But in NJ it seems attorneys are more concerned with getting their 'consultation' fee and figuring out how many hours they can hit you for rather than actually listening to me. I don't need a prima don who thinks he's doing me a favor by taking my case. I'm not paying an attorney or giving him my 33-1/3 to listen to me and tell me I have a case, when I know I have one based on my research. I just need someone who actually cares to see this through and will earn his 33-1/3 as I have done most of the hard stuff.

        Hence I just need some guidance on my particular questions.

        Comment


        • #5
          If you are looking for an attorney to take the case, we can't help you. We do not provide referrals, and reputable attorneys do not troll message boards looking for clients.

          Have you called the state Bar Association or your local Legal Aid office? They may be able to help with the referral process.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            I'm not looking for a referral. As I stated, I'm looking for a bit of guidance with regards to my questions. I thought that was the point of this forum to get some guidance. However, it appears I will have no choice in the matter but to seek an attorney.
            Last edited by UnionSuck; 01-22-2009, 12:53 PM.

            Comment


            • #7
              I'm sorry, there are just some things that are beyond the scope of a message board. This is looking to be one of them.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                I'm not looking for someone to tell me that I have a bona fide case worth xyz dollars and it's a slam dunk. Can no one at the very least answer one question...What is the Statutes of Limitations regarding my specific INTENT to sue on the grounds I've stated?

                Comment


                • #9
                  I don't think we have any New Jersey attorneys who respond here. We would have to research it just like you.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment

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