Skip to the main content.
BLOGS & LEGAL INSIGHTS:
BUSINESS LAW
Hero-Split-Right
CONSUMER LAW

Hero-Split-Left

 

WEBINARS

green lock security thumb

green lock security thumb

 

VIDEO LIBRARY

green lock security thumb

green lock security thumb

 

ADDITIONAL RESOURCES

5 min read

Wrongful Termination Lawsuit Alleges Discrimination and Retaliation

photo of the definition for discrimination highlighted on the page of a paper dictionary

Retaliation, Discrimination, and Wrongful Termination: The Case of Arthur Jansenius against Holtec International, Brandon Murray, and Sonic Systems International, Inc.

Arthur Jansenius filed a lawsuit against his former employer Holtec International, Brandon Murray, and Sonic Systems International, Inc., alleging wrongful termination, discrimination, and retaliation based on age and disability. Jansenius had been employed by the defendants since 2013, primarily working on nuclear fuel transfer projects. He asserts that his employment was unjustly terminated for a discriminatory reason, in violation of federal law.

The events leading to Jansenius's termination began in June 2017 when he received a stage four lung cancer diagnosis. He took a seven-month medical leave of absence for treatment and started receiving Social Security Disability Insurance (SSDI) benefits.

Upon returning to work in February 2018, Jansenius was demoted from his supervisor position to a technician following a negative performance evaluation in fall 2019. Subsequently, he was removed from the work schedule entirely, effectively ending his employment. Jansenius argues that his demotion and subsequent removal from the work schedule constitute retaliation based on a discriminatory reason, forming the basis of his wrongful termination lawsuit.

In case study, we will explore the topic of wrongful termination and retaliation in relation to employment law, using the specifics of Jansenius's case against Holtec International, Brandon Murray, and Sonic Systems International, Inc. as an example. By examining this case and its connection to broader employment law principles, we aim to provide a better understanding of wrongful termination laws and how each wrongful termination claim can be evaluated and assessed based on established legal standards.

Jansenius's Claim and Potential Outcomes and Compensation under NJLAD

Jansenius's wrongful termination claim centers around alleged violations of the New Jersey Law Against Discrimination (NJLAD), which is a broad legal framework aimed at protecting individuals from various forms of discrimination in the workplace and beyond. Enforced by the New Jersey Division on Civil Rights, the NJLAD prohibits discrimination based on characteristics such as race, color, national origin, gender, sexual orientation, gender identity or expression, disability, age, religion, marital status, military status, and notably for this case, mental or physical disability.

The NJLAD plays a pivotal role in providing Jansenius with legal recourse in pursuing his wrongful termination case. By alleging violations of the NJLAD, Jansenius asserts that he was subjected to discriminatory treatment by his employer, which ultimately led to his termination. These alleged violations may be based on one or more protected characteristics outlined in the law.

What makes the NJLAD particularly significant is its broad scope, extending beyond just direct acts of discrimination. It also covers discriminatory practices that create a hostile work environment, deny equal pay or promotion opportunities, and engage in retaliatory acts against employees who assert their rights under the law. This comprehensive protection ensures that individuals like Jansenius have the opportunity to seek justice and hold their employers accountable for alleged discriminatory actions.

By invoking the NJLAD, Jansenius is making a clear statement that he believes his termination was unjust and stemmed from discriminatory motives. To validate his claim, Jansenius will need to provide evidence and demonstrate a connection between the alleged discriminatory conduct and his employer's decision to terminate his employment. If successful, Jansenius may be entitled to remedies such as back pay, reinstatement, compensatory damages, and even punitive damages if the employer's actions are particularly egregious.

Exploring Legal Remedies: Beyond NJLAD for Wrongful Termination Claims

The NJLAD is just one of several avenues for seeking redress in cases of wrongful termination. Depending on the circumstances, Jansenius might also explore other legal options, such as pursuing remedies under federal laws like Title VII of the Civil Rights Act or relevant state or local statutes (of which NJLAD is just one example) to strengthen his case.

In particular, Jansenius may have valid grounds to include the Family Medical Leave Act (FMLA) in his wrongful termination lawsuit. The FMLA provides job-protected leave for eligible employees to attend to their own serious health conditions or those of their immediate family members. If Jansenius can demonstrate that his termination was directly related to his exercise of FMLA rights or retaliation for taking FMLA leave, he may have a solid legal argument.

In Jansenius's case, his diagnosis of stage four lung cancer qualifies as a serious health condition, and the seven-month medical leave he took for treatment can be considered a valid use of FMLA leave. Additionally, his eligibility for and receipt of Social Security Disability Insurance (SSDI) benefits further support the seriousness of his condition.

By terminating Jansenius while he was on FMLA leave or shortly after his return, the employer may have violated Jansenius's rights under the FMLA. This could form the basis for a wrongful termination claim, as it is illegal for employers to retaliate against employees for exercising their FMLA rights.

Assessing Disability Treatment: A Key Factor in Wrongful Termination Cases

In cases involving individuals with disabilities, assessing whether an employer met their legal obligations to provide reasonable accommodations is crucial. State and federal laws mandate these accommodations, and they play a significant role in determining the legitimacy of a wrongful termination claim. In assessing the legality of Jansenius's termination, it is crucial to examine the treatment of his disability throughout his employment. This scrutiny allows us to determine whether his dismissal aligns with the mandates set forth in wrongful termination laws. If the employer failed to provide necessary accommodations or engaged in discriminatory behavior based on Jansenius's disability, his claim of wrongful termination would be significantly strengthened.

To support his claim, Jansenius submitted a Continuing Disability Review Report to the Social Security Administration (SSA), which highlighted how his medical condition affected his ability to perform essential job tasks. By demonstrating the challenges he faced due to his disability, Jansenius aimed to establish a clear connection between his disability and the reasons behind his termination. Establishing this connection is vital in building a compelling case that his termination was discriminatory based on his disability.

Furthermore, the alleged series of demotions and pay cuts that Jansenius experienced may indicate the existence of a hostile work environment. A hostile work environment is characterized by discriminatory behavior, harassment, or other mistreatment that creates an intimidating or offensive workplace. If Jansenius can provide evidence that his demotions and pay cuts were motivated by discrimination or were part of an ongoing pattern of mistreatment, it would significantly bolster his claim of unlawful termination.

Motion for Summary Judgment: Defendants' Attempt to Dismiss the Case 

The defendants attempted to have the case dismissed by filing motions for summary judgment. However, the court denied these motions, acknowledging valid concerns and disputes regarding the defendants' actions that prevent the case from being quickly resolved.

To challenge Jansenius's claims, the defendants presented a comprehensive file of his SSA records in court. These records include documentation of both physical and mental challenges faced by Jansenius, as well as a letter discontinuing his SSDI benefits. Dr. Mark S. Wagner's evaluation shed light on Jansenius's condition, concluding that he has neurocognitive weaknesses that hinder his ability to perform work-related tasks.

When considering the defendants' motion for summary judgment, the court is required to view the facts in the light most favorable to Jansenius as the non-moving party. The court rejects the defendants' application of judicial estoppel1, which seeks to prevent Jansenius from pursuing his claims based on alleged inconsistencies between his statements to the SSA and his claims in the current case. However, the court makes this decision without prejudice due to concerns raised about the records provided by the defendants.

Ultimately, the court determines that significant unresolved issues of material fact still exist. These include the nature of Jansenius's employment relationship with Holtec or Sonic and the respective responsibilities of the entities involved. Consequently, the court denies the defendants' motions for summary judgment while leaving open the possibility for the defendants to raise the judicial estoppel argument later in the litigation process.

Conclusion and Key Takeaways: Legal Redress for Wrongful Termination and Protecting Your Rights

This case underscores the importance of strong employment law and effective public policy in safeguarding employees against wrongful termination, in particular when it comes to discrimination based on age and disability. It also highlights the importance of being aware of the legal protections available to employees in the face of wrongful termination. From age and disability discrimination to various other unlawful reasons, it is essential for individuals to familiarize themselves with their rights and seek legal recourse when necessary.

Pursuing legal action against an employer for discrimination or retaliation in such cases can be a daunting task, but it is often necessary to protect one's rights and seek justice. To effectively navigate this legal process, it is crucial for anyone pursuing a wrongful termination case to seek the counsel of an experienced attorney specializing in employment law, particularly in cases related to wrongful termination (and the FMLA where applicable). An experienced attorney will thoroughly assess the facts of the situation, evaluate the strength of the claims, and offer guidance in seeking compensation for lost wages, emotional distress, and other damages resulting from unlawful termination.


1What is the judicial estoppel argument?

The judicial estoppel argument is a legal doctrine that prevents a party from taking a position in court that contradicts a position they have previously taken in the same or a related legal proceeding. It is based on the principle that a party should not be allowed to manipulate or deceive the court by asserting inconsistent positions to gain a tactical advantage. Judicial estoppel aims to promote consistency, fairness, and integrity in the legal system.

pressure cooker on a kitchen counter next to a cutting board covered in fruits and vegetables and various kitchenwares

Burn Victim Sues Sunbeam & Target Following Crock-Pot Incident

Georgina Perez purchased a Crock-Pot pressure cooker from Target in 2018. In June 2019, she was hospitalized for severe burns after the lid came off...

Read More
car crash with police on scene

Amended Healthcare Lien Ruled Inadmissible in Personal Injury Suit

Background On September 26, 2019, Cory Wolven and Jeanmadi del Rosario Velez were involved in a car accident in Wheat Ridge, Colorado after Velez's...

Read More
exposed wiring protruding from circular holes in a plaster wall

Colorado Court Upholds Damage Cap in Sears Personal Injury Suit

In the case of Gebert v. Sears, Roebuck & Co., Jacqueline Gebert filed a personal injury suit against Sears after being electrocuted by her stove,...

Read More