- New Jersey Sexual Harassment Lawyer
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- New Jersey Hostile Work Environment Lawyer
- New Jersey Equal Pay Lawyer
- New Jersey Employment Discrimination Lawyer
- New Jersey Unpaid Overtime or Wages Lawyer
- New Jersey Severance and Separation Lawyer
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- New Jersey Wrongful Termination Lawyer
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TERMINATION
NEW JERSEY IS AN “EMPLOYMENT-AT-WILL” STATE.
However, this does not give an employer the absolute discretion to terminate an employee for any reason they can conjure up. There are protected classes of employees that cannot be fired simply because they are part of a protected class. For example, an employer cannot fire an individual because they belong to a particular race. If an employer engaged in the wrongful termination of you or a family member, you should contact an experienced Glen Rock Borough wrongful termination attorney.
The Law Offices of Usmaan Sleemi can help you discover whether your employer violated state or federal employment laws when they terminated you. Wrongful termination attorney Usmaan Sleemi has extensive experience dealing with various types of employment discrimination issues in New Jersey, and is ready to use that experience to fight on your behalf. To schedule a free consultation, contact the Law Offices of Usmaan Sleemi online or by calling 973-866-9415 today.
Our law firm represents workers throughout Glen Rock, Bergen County, Northern New Jersey, and Jersey City, NJ in all types of wrongful termination and employment law cases. Whether you were fired because of your age, disability, sexual orientation, or national origin, our employment lawyers are ready to help you understand your legal options and seek justice. Speak with our employment attorneys today to protect your interests and hold your employer accountable.
What Is Wrongful Termination?
New Jersey’s status as an at-will employment state can make it difficult to determine whether an employee was wrongfully terminated. Being employed on an at-will basis means an employer can fire you at any time and for any reason. However, there are certain guidelines that an employer must adhere to when deciding to fire an employee.
New Jersey’s Law Against Discrimination (LAD) prohibits an employer from firing a worker on the basis of age, race, gender, disability, religion, and many other factors. The LAD sets out your legal rights depending on what type of employment discrimination was used to terminate you from a position. For example, if an employer considered your race when deciding to lay off employees, this is a violation of New Jersey employment law.
New Jersey has also adopted a version of the Family and Medical Leave Act (FMLA). The medical leave act utilized by New Jersey states that employees are entitled to take medical leave without being fired under the following circumstances:
- Your employer has 50 or more employees who have worked at least 20 weeks during this year or an earlier year (including employees located outside of New Jersey)
- The employee who needs family leave must have worked for the employer for one year and at least 1,000 hours
There is an exception to this law. If your salary is higher than 95% of the other employees’, your employer may deny you medical leave. This is because the business might suffer if a high-ranking official takes an extended hiatus.
The violation of the following laws can also constitute wrongful termination in New Jersey:
- Age Discrimination in Employment Act
- Americans with Disabilities Act
- New Jersey Conscientious Employee Protection Act
Sexual harassment in the workplace is another form of employment discrimination that can lead to wrongful termination claims. If an employee reports sexual harassment and is then fired in retaliation, that termination may violate both state and federal employment law. New Jersey employment lawyers can help workers who have been wrongfully terminated under these or similar circumstances pursue the compensation they deserve.
Legal Remedies for Wrongful Discharge
If your employer wrongfully discharged you, there may be legal remedies that are available to you. One remedy that you can receive if you are successful in your wrongful discharge claim is to be returned to your old position. The employer will also be liable for back pay, interest, and the reinstatement of an employee’s benefits that were cut off after being discharged.
A wrongfully dismissed employee can also receive damages for pain, humiliation, and emotional distress that was triggered when they were fired. If you choose to retain a lawyer to represent you in your claim, you can also receive reasonable lawyer’s fees and other expenses that were accumulated while pursuing your case.
An employer is also subject to fines for violating the LAD. For example, there is a $10,000 fine for a first-time violation of the LAD. This punishment will increase depending on how many times the employer violates certain employment laws.
It is important to note that the LAD protects employees from reprisal or retaliation from an employer after filing a valid complaint concerning a wrongful discharge. This means that your employer cannot fire you because you notified them of a discriminatory problem or another type of issue with their company. You also cannot be terminated for assisting someone in filing a complaint against an employer. There are also laws that protect you from termination if you notify a law enforcement agency of your employer’s illegal activity. These laws are also known as “whistleblower laws” or “whistleblower protection laws.”
Frequently Asked Questions About Wrongful Termination in New Jersey
Can I be fired for filing a complaint with the Equal Employment Opportunity Commission?
No. Filing a complaint with the Equal Employment Opportunity Commission is a protected activity under federal employment law. If your employer fires you or retaliates against you in any way after you file a complaint, that retaliation may itself be a violation of the law. An employment attorney can help you understand your legal rights and hold your employer accountable for any retaliatory conduct.
Does an employment contract protect me from wrongful termination in New Jersey?
Yes, in many cases it does. If you signed an employment agreement or employment contract that outlines the terms under which you can be terminated, your employer must follow those terms. Firing you in violation of that employment contract may give you grounds to file a wrongful termination claim, and New Jersey employment law attorneys can help you review your agreement and determine your options.
What is the difference between wrongful termination and a layoff?
A layoff is typically a business decision that affects multiple workers and is not based on a protected characteristic. Wrongful termination, on the other hand, occurs when an employer fires someone for an illegal reason, such as their age, disability, national origin, sexual orientation, or because they reported misconduct. If you believe you were fired for one of these reasons, even though your employer called it a layoff, it is worth speaking with employment lawyers in Bergen County who can review your circumstances.
What wages or benefits can I recover if I was wrongfully terminated?
If you were wrongfully terminated, you may be able to recover lost wages, including back pay and future wages, as well as any benefits you lost after being fired. Compensation can also include damages for emotional distress and, in some cases, attorneys’ fees. New Jersey employment lawyers fight to make sure wrongfully terminated workers receive the full compensation the law allows, and arbitration may also be an option depending on your employment agreement.
Glen Rock Borough Wrongful Termination Lawyer Representing Fired Workers
If an employer wrongfully dismissed you from your position, you should contact an experienced wrongful dismissal lawyer in Glen Rock Borough for guidance. Wrongful discharge attorney Usmaan Sleemi can help you fight against large businesses and corporations that believe they are free to illegally terminate employees without any consequences. The Law Offices of Usmaan Sleemi will provide you with unique and aggressive legal representation to help you pursue the justice and financial compensation that you deserve.
Our firm represents clients throughout Glen Rock, Bergen County, and the surrounding areas of New Jersey in employment law cases of all kinds. Whether you need a wrongful termination lawyer, have legal issues related to workplace discrimination, or need guidance after being wrongfully terminated, our New Jersey employment law attorneys are here to speak with you and protect your interests. To schedule a free consultation, call 973-866-9415 or contact us online.