New Jersey operates under at-will employment laws, granting both employees and employers the right to terminate the working relationship without cause or notice. However, it is crucial to understand that termination cannot be discriminatory or retaliatory in nature.
Discrimination occurs when an employee is fired based on belonging to a protected class, such as age, disability, gender, race, religion, or sexual orientation. It can also stem from engaging in protected conduct, which includes reporting illegal activities, serving in the military, or refusing to participate in unlawful actions. If you believe you have been wrongfully terminated for any of these reasons, it is important to take appropriate steps to seek justice.
Gather Evidence
Mere allegations of wrongful termination are insufficient. To strengthen your case, gather evidence that supports your claim. This may include reviewing employment contracts, emails, performance evaluations, witness testimonies, and other relevant documents. Concrete evidence will bolster your position when presenting your case.
Hire an Experienced Employment Law Attorney
Navigating the legal complexities of wrongful termination cases requires professional expertise. Consulting with an experienced employment law attorney is crucial to assess the strength of your case and guide you through the legal process. If your attorney determines that your termination was discriminatory, they will advise you to file a charge with the Equal Employment Opportunity Commission (EEOC).
File a Complaint with the EEOC
Before proceeding with a lawsuit, you must file a charge of discrimination with the EEOC. This formal complaint asserts that your employer engaged in discriminatory practices. The EEOC will conduct an investigation to determine the validity of your claim and may attempt to resolve the matter through mediation or other means.
It is essential to be aware of the deadlines for filing a charge. Generally, you have 180 calendar days from the date of discrimination to file, which can be extended to 300 calendar days if there are local or state laws prohibiting employment discrimination on the same basis.
Consider a Settlement
While litigation is an option, it is often preferable to explore alternatives to resolve the matter outside of court. The EEOC may engage in mediation, allowing you and your former employer to negotiate a settlement. This approach can save time and money while still achieving a satisfactory outcome. Consulting with your attorney is crucial to assess the potential benefits and drawbacks of settlement options.
File a Lawsuit
If attempts to settle have failed or you decide that litigation is necessary, your attorney will guide you through the process of filing a lawsuit against your former employer. They will work diligently to compile compelling evidence, build a strong case, and represent your interests in court. Your attorney’s expertise will prove invaluable in advocating for your rights and seeking the justice you deserve.
Contact Us Today
Filing a wrongful termination lawsuit involves several essential steps, and it is important to navigate the legal landscape with the support of a skilled attorney.
At the Law Offices of Usmaan Sleemi, we specialize in employment law and can help you understand the intricacies of wrongful termination cases. Our team will guide you through gathering the necessary evidence to build a solid case. To schedule a free consultation and discuss your situation, fill out the online form or call (973) 866-9415. Seek justice and protect your rights with our dedicated legal representation.
