Defining Wrongful Termination in New Jersey
New Jersey operates as an at-will employment state, granting employers the authority to terminate an employee for any reason or even for no reason at all, without prior notice. However, specific exceptions exist within the law, which may render an employer liable for wrongful termination. Here, our New Jersey employment lawyer outlines scenarios where you may have a case for wrongful termination.
Termination Based on Discrimination
Employers who dismiss employees based on discriminatory reasons can face legal consequences for wrongful termination. New Jersey’s Law Against Discrimination (LAD) is widely regarded as one of the most robust anti-discrimination laws in the United States. Under LAD, employers are expressly prohibited from discriminating against employees due to their protected traits. These protected traits encompass race, age, sex, sexual orientation, disability, national origin, pregnancy, or familial status.
If an employee is terminated due to their protected status, they have grounds to file a wrongful termination claim against their employer. Instances of termination based on discrimination may include firing an employee because of their pregnancy or replacing older workers with younger employees.
Termination Based on Retaliation
Employers are not permitted to terminate employees as an act of retaliation following the filing of a good faith claim related to workers’ compensation, discrimination, or for requesting protected leave under the Family and Medical Leave Act. Various legal acts, including the Equal Pay Act, Conscientious Employee Protection Act, and LAD, safeguard workers from termination on retaliatory grounds. Numerous actions can lead to retaliatory termination, necessitating legal counsel if you have been fired after taking certain steps.
Termination Based on Harassment
In certain situations, employees may feel compelled to resign due to intolerable workplace conditions. One such circumstance arises when ongoing harassment creates a hostile work environment. The Equal Employment Opportunity Commission (EEOC) characterizes a hostile work environment as one featuring pervasive or severe behaviors that interfere with an employee’s ability to perform their job duties. Even if an employee resigns due to a hostile work environment, it is deemed a constructive discharge, and employers can be held accountable for wrongful termination.
Termination Based on Breach of Contract
Employees who possess an employment contract no longer fall under the category of ‘at-will’ employees. With an employment contract in place, employers are unable to terminate an employee before the conclusion of the employment term specified in the contract. Typically, such contracts also define ‘just cause’ for termination, which may encompass acts such as felony convictions, gross negligence, or the occurrence of a permanent disability. Employers can only terminate employees under these specified ‘just cause’ conditions in the contract.
Seeking Legal Guidance for Wrongful Termination
At the Law Office of Usmaan Sleemi, our New Jersey employment lawyer comprehends the severe impact of wrongful termination and how to hold employers accountable for their actions. We encourage you to call us at (973) 833-3459 or complete our online form to request a free consultation with our experienced attorney. Discover more about how we can assist you during this challenging time.
