MONTCLAIR WRONGFUL TERMINATION ATTORNEY

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.

Workplace harassment and sexual harassment can also support unlawful wrongful discharge claims in NJ. Employment lawyers in Montclair, New Jersey, examine all circumstances surrounding a firing. Contact a wrongful termination attorney if discrimination preceded your termination.

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, a company will often try to 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, the company’s after-the-fact arguments notwithstanding.

Retaliation is one of the most common bases for unlawful termination claims filed by NJ employees. Employment lawyers document the connection between protected conduct and a firing. A wrongful termination lawyer in Montclair, NJ, can evaluate whether retaliation was involved.

Breach of Contract

Most New Jersey employees do not have any kind of formal employment agreement with their company. But if you do have such an agreement, it often contains language specifying the length of your employment and the grounds for which the company can and cannot fire you. In some cases, an employment contract may also be enforceable based on oral promises made by management or a written employee handbook. A breach of any employment agreement, express or implied, allows you to file a civil lawsuit and seek remedies for that breach.

Employment agreements limit a company’s ability to fire workers without cause in NJ. Unlawful termination in violation of these agreements is actionable under NJ employment law. Employment lawyers can review written or oral commitments to determine whether a breach occurred.