New Jersey is an at-will employment state, which means that an employee or employer can terminate the working relationship at any time. However, there are some exceptions. For example, an employer cannot fire an employee simply because they are part of a protected class (such as race, age, or pregnancy status) or because they engaged in protected conduct (such as protesting or filing a workers’ compensation claim).
Understanding Wrongful Termination
If an employer does fire an employee for these reasons, this is called wrongful termination. Wrongful termination is illegal, and it’s important to know that you have the right to file a claim against your employer and seek compensation. However, the success of such cases can vary depending on various factors.
Factors Affecting Success
Proving your claim is crucial for a successful outcome, but it’s important to note that the process can be lengthy and the result depends on when and how the case is settled. Moreover, your definition of success matters. While you won’t become wealthy from an employment claim, it is worth mentioning that approximately 90% of these cases settle, meaning you are likely to receive some financial compensation. Employers often opt to settle these cases by offering monetary settlements to avoid the risks and costs associated with a trial. However, it’s crucial to note that the amount you receive will vary based on the specifics of your case.
According to a Nolo survey, the average settlement for those with lawyers was $48,800, compared to $19,200 for those without legal representation. Having an experienced employment lawyer by your side can significantly impact the success of your case. They can navigate the complex procedures, adhere to strict timelines, and help you gather all the necessary evidence to build a strong argument in your favor.
The Legal Process
Before you can even seek legal help, you will need to file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC will conduct an investigation by interviewing you and your employer. This process typically takes around six months. If the EEOC determines that no discrimination occurred, you will have the option to file a claim in federal court. While this process can be lengthy, potentially taking two or more years, a successful outcome could lead to substantial compensation, including back pay, lost wages, emotional distress damages, and reimbursement for attorney’s fees.
In some instances, the EEOC may suggest mediation. During mediation, a trained mediator will facilitate discussions between you and your former employer to reach a mutually acceptable agreement. Mediation is often quicker, typically taking a few months, but the resulting payout is usually lower than what you might receive through litigation.
If the EEOC finds that you have a valid claim, you can proceed with your case by retaining a lawyer. An experienced employment lawyer will bolster your chances of success by presenting your case effectively. They will handle the legal intricacies, safeguard your rights, and uncover all potential evidence to provide you with the strongest advantage.
Contact Our Experienced Employment Law Attorneys Today
If you believe you have been unfairly fired or terminated from your job, you may have grounds to file a wrongful termination case. It’s important to remember that these cases often settle outside of court, increasing the likelihood that you will receive some form of compensation. If you feel unsafe or have experienced sexual harassment at work, the employment law attorneys at the Law Offices of Usmaan Sleemi are here to help. With our extensive experience, we provide aggressive legal representation for both men and women who have been victimized while on the job.
Schedule a Free Consultation
To discuss your case and explore your legal options, schedule a free consultation today by calling (973) 866-9415 or filling out the online form. We understand the complexities of wrongful termination cases and are dedicated to fighting for your rights and seeking the compensation you deserve.
