- New Jersey Sexual Harassment Lawyer
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- New Jersey Severance and Separation Lawyer
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- New Jersey Wrongful Termination Lawyer
- New Jersey Contract Review and Negotiation Attorney
TERMINATION
NEW JERSEY EMPLOYMENT LAW GENERALLY PERMITS EMPLOYERS TO TERMINATE EMPLOYEES WITHOUT CAUSE OR ADVANCE NOTICE.
Losing your job is often a financially and emotionally draining experience. You may feel that it was unfair that you were fired. Unfortunately, in most cases, you do not have a legal remedy, as New Jersey is an “at-will” employment state.
There are, however, certain situations where it is illegal for an employer to either terminate you outright or force you to quit. Our qualified Montclair wrongful termination lawyers can review your case and advise you of your options. At the Law Offices of Usmaan Sleemi, we represent workers throughout New Jersey who have been illegally fired and want to hold their former employers accountable. Whether you have been the victim of a breach of contract, illegal discrimination, or retaliation for engaging in legally protected conduct, we can help you build your wrongful termination claim.
When Is It Illegal to Fire a Worker in New Jersey?
As previously noted, New Jersey is an “at-will” state when it comes to most employment. Essentially, this means that you are free to quit your job at any time, with or without giving a reason or notice. Likewise, your employer is free to fire you at its discretion. Your employer does not generally need to give a reason. Indeed, even if the employer gives a bad reason, in most cases that does not rise to the level of wrongful termination.
So when is it illegal for an employer to fire you under New Jersey law? There are three common scenarios:
- Your firing was an act of illegal employment discrimination based on your membership in a legally protected class.
- You were fired for engaging in specific conduct protected under the law.
- You were fired in violation of the terms of your employment contract.
Illegal Discrimination
Title VII of the federal Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (LAD) provide comprehensive protections for workers based on certain legally protected characteristics or traits. In particular, the LAD makes it illegal for any New Jersey employer, regardless of size, to terminate an employee based on their:
- race;
- color;
- religion or creed;
- national origin or ancestry;
- sex, sexual orientation, gender identity, or gender expression;
- marital, domestic partnership, or civil union status
- pregnancy or status as a breastfeeding mother;
- HIV/AIDS status;
- genetic information;
- hereditary blood trait;
- disability; or
- military service.
One thing to note is that wrongful termination cases may cover perceived status. For example, if an employer fires you because they think you have a particular disability, it is still considered wrongful termination if you do not actually have that disability. Similarly, an employer cannot fire you because they think you might become pregnant in the future.
Protected Conduct
There are also federal and New Jersey state laws that bar employers from engaging in certain types of “retaliatory” firings. That is to say, your employer cannot fire you for:
- reporting illegal discrimination in the workplace, such as sexual harassment;
- acting as a “whistleblower,” i.e., notifying the authorities of illegal acts committed by your employer;
- refusing to break the law on your employer’s orders;
- asserting your rights under New Jersey wage and hour laws, e.g., demanding minimum wage or overtime pay;
- taking time off from work to fulfill a military service or jury duty obligation;
- exercising your rights under the federal Family and Medical Leave Act or New Jersey Family Leave insurance;
- requesting a reasonable workplace accommodation under the Americans with Disabilities Act;
- filing a claim for New Jersey workers’ compensation benefits; or
- reporting workplace safety violations to OSHA or the New Jersey Department of Labor and Workforce Development.
Keep in mind, that employers will often try and justify a retaliatory firing by citing legitimate, non-retaliatory reasons. This is one reason it is important to work with experienced Jersey wrongful termination lawyers from the outset. An attorney can help you build a case for proving the firing was retaliatory, your employer’s after-the-fact justifications notwithstanding.
Breach of Contract
Most New Jersey workers do not have any kind of formal or written employment contract with their employer. But if you do have such a contract, it often contains language specifying the length of your employment and the grounds for which the employer can–and cannot–fire you. In some cases, an employment contract may also be enforceable based on oral promises made by the employer or a written employee handbook. If your employer breaches any employment contract, express or implied, you can file a civil lawsuit and seek remedies for that breach.
How Do You Fight Back Against Wrongful Termination in New Jersey?
The first thing to keep in mind if you have been wrongfully terminated–or you think you are about to be illegally fired–is to save any documents that could help prove your case. This includes any emails, voicemails, or any other written documentation of your employment. Take care to identify any former coworkers or witnesses who might be able to back up your claims. And make sure you take careful notes of any conversations you have with your employer before and after the termination.
In a successful New Jersey wrongful termination lawsuit, a court can award a variety of damages to compensate you for your former employer’s illegal actions. Some common damages under the New Jersey LAD include:
- back pay, including any wages, salaries, and benefits accrued from the date of wrongful termination through trial;
- reinstatement to your former job or “front pay,” i.e., compensation for your lost income from the date of trial up to the likely date you would have continued working for the employer;
- compensation for emotional distress; and
- punitive damages, if there is evidence the employer acted with “actual malice.”
Other federal and state employment statutes may provide separate grounds for seeking damages for wrongful termination. Our Montclair wrongful termination attorneys can advise you on these and many other subjects. So if you have reason to believe that your employer acted illegally in firing you, call the Law Offices of Usmaan Sleemi at 973-833-3459 to schedule a free consultation.
Speak with The Montclair Wrongful Termination Lawyers
There is no excuse for discrimination or retaliation in the workplace. At the Law Offices of Usmaan Sleemi, we seek to vindicate your right to fair treatment at work. Please contact our law firm today. Our experienced Montclair wrongful termination lawyer can discuss the strength of your case and what other evidence we need. Our firm will also guide you through the claims process, including filing a lawsuit in court, if necessary. If you believe you were fired in violation of your rights, contact us today to schedule a free consultation at our Paramus, New Jersey office.