Livingston, NJ

Wrongful Termination Lawyer

Suing Your Employer for Wrongful Termination in NJ

Under New Jersey employment laws, Livingston employers are generally permitted to fire employees at will, without providing cause or advance notice. However, there are some important legal exceptions to this rule.

While employers can fire employees for almost any reason, a number of state and federal laws prohibit workplace discrimination, which includes discrimination in decisions related to termination. If an employer fires an employee solely because the employee belongs in a “protected class,” or because the employee participates in a “protected activity,” the employee may have a wrongful termination case.

The term “protected class” refers to having traits that are protected under anti-discrimination laws. To provide a few examples, it is illegal to fire a worker because of his or her:

  • Age
  • Ancestry
  • Color
  • Disability
  • Gender or gender expression
  • Genetic information or cellular traits
  • Marital status, including civil unions and domestic partnerships
  • Nationality or national origin
  • Race
  • Religion (“creed”)
  • Sex
  • Sexual orientation

Discrimination on the basis of these protected characteristics is illegal under laws like the New Jersey Law Against Discrimination (LAD), Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). These and other employment laws also make it illegal to fire an employee for participating in “protected activities.” Some examples of protected activities include:

  • Refusing sexual advances or demands
  • Refusing to participate in illegal or discriminatory activities
  • Serving in the military
  • Whistleblowing or reporting unsafe conditions

When an employee is fired as revenge for filing a complaint or blowing the whistle, it is known as “retaliatory discharge.”

Compensation in a Wrongful Termination Settlement or Lawsuit

Retaliatory discharge and wrongful termination have the same end result: a qualified employee loses their job, sometimes after enduring weeks or months of bullying and harassment in a hostile work environment. Whether an employee is fired in retaliation for whistleblowing, or because of discrimination, he or she is likely to suffer major financial setbacks.

Not only does the employee lose their income and security – they may also lose valuable benefits, such as healthcare insurance coverage. In addition to suffering these financial hardships, the worker also has to experience the emotional pain of being harassed or discriminated against.

If you have found yourself in this situation, you can seek remedies by filing a lawsuit against your employer. Filing a wrongful termination claim gives you the opportunity to hold your employer accountable while pursuing financial compensation. You may even be able to return to your old job.

There are two general methods for handling a claim: attempting to negotiate a settlement, or litigating the case in court. Many wrongful termination claims are resolved outside of court through a settlement agreement, eliminating the need for trial. However, it is important to work with an attorney who understand the trial process and will be ready to litigate aggressively if going to court becomes necessary.

There are several types of compensation, or “damages,” that may be available in a wrongful termination claim in New Jersey. This includes compensation for:

  • Lost income, such as salary, wages, and unpaid earnings, including overtime pay
  • Lost employment benefits, such as stock options, dental insurance coverage, health insurance coverage, and retirement plans like pensions or 401(k)s
  • The emotional distress and mental anguish caused by the discrimination

Livingston Wrongful Termination Attorney Usmaan Sleemi Can File Your Claim

If you were the victim of workplace discrimination, your voice deserves to be heard. Filing a claim sends a message that discrimination will not be tolerated, while giving you a platform to demand accountability and seek the compensation you deserve.

Usmaan Sleemi has helped many workers file wrongful termination lawsuits, and will be there to guide and counsel you throughout every stage of the process. For a free legal consultation with an experienced wrongful discharge lawyer, contact the Law Offices of Usmaan Sleemi online, or call (973) 453-4060.

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Law Office of Usmaan Sleemi

New Jersey Office:
90 E Halsey Rd,
Suite 309,
Parsippany, New Jersey 07054

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