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- New Jersey Equal Pay Lawyer
- New Jersey Employment Discrimination Lawyer
- New Jersey Unpaid Overtime or Wages Lawyer
- New Jersey Severance and Separation Lawyer
- New Jersey Whistleblower Retaliation Lawyer
- 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.
New Jersey employers have great discretion to hire and fire workers at will. The at will rule is a legal principle in employment law that generally allows employers to terminate employees at any time without cause, except in cases involving unlawful discrimination, retaliation, or breach of contract. But certain laws limit this ability, which means your termination could be wrongful in New Jersey. At the Law Offices of Usmaan Sleemi, we meet with men and women regularly who lost a job because their employer discriminated against them based on a protected characteristic or retaliated because the employee engaged in protected conduct. This type of wrongful termination is simply unacceptable.
Please contact our firm if you suspect that you were terminated unlawfully. Legal protections arise when the employment relationship is violated, ensuring that both employers and employees are held to their responsibilities. Our employment law practice focuses on wrongful termination and other employment disputes, providing comprehensive representation. New Jersey employees are protected by these laws, which cover a wide range of employment situations. Various laws provide workers with protection, and the vast majority of employers in New Jersey are covered. Based on what we hear, we might determine that filing a discrimination charge is the best course of action, or we could immediately head into court and file a lawsuit. Please contact our firm to speak with our New Jersey wrongful termination lawyer in Paramus, NJ about your case.
As experienced New Jersey wrongful termination lawyers, we are well-equipped to assist you with your case. Our wrongful termination lawyers have extensive experience handling complex employment law matters and protecting employee rights. Please note that results may vary depending on your particular facts and legal circumstances.
Types of Wrongful Termination
Wrongful termination can take many forms under New Jersey employment law, and understanding these distinctions is essential for both employees and employers. Wrongful termination claims often arise when an employee is fired for an illegal reason, in violation of state or federal law, or in breach of an employment contract. Jersey employment lawyers regularly represent people who have been wrongfully terminated and help them navigate the complexities of New Jersey law to protect their employment rights.
- One of the most common types of wrongful termination is employment discrimination. This occurs when an employer fires an employee based on a protected characteristic such as race, gender, age, national origin, disability, marital status, or sexual orientation. Both federal laws and New Jersey’s Law Against Discrimination (NJLAD) make it unlawful for employers to terminate employees for these reasons. If you believe you were wrongfully terminated due to discrimination based on a protected characteristic, you may have grounds for a wrongful termination claim.
- Retaliation is another frequent basis for wrongful termination claims. Under state and federal laws, employers cannot fire employees for engaging in protected activities, such as reporting illegal activity, filing a workers compensation claim, participating in an investigation, or opposing workplace harassment. New Jersey’s Conscientious Employee Protection Act (CEPA) specifically protects whistleblowers from retaliation. If you have been terminated for standing up for your legal rights or reporting unlawful conduct, you may be entitled to file a wrongful termination lawsuit.
- A breach of employment contract can also lead to a wrongful termination claim. If you have an employment contract—whether written or implied—that outlines specific terms for termination, and your employer violates those terms, you may have a valid claim under New Jersey employment law. Employment contracts often address issues like severance pay, separation agreements, and restrictive covenants, and violating these agreements can result in legal action.
- Constructive discharge is a less obvious but equally serious form of wrongful termination. This occurs when an employee is forced to resign because the work environment has become intolerable due to workplace harassment, discrimination, or other unlawful actions by the employer. In these cases, the law may treat your resignation as an unlawful termination, allowing you to pursue a wrongful discharge claim.
- Finally, wrongful termination can occur when an employer violates public policy. Examples include firing an employee for taking medical leave, requesting a reasonable accommodation, serving on a jury, or refusing to participate in illegal acts. Both state and federal laws protect employees from being terminated for exercising these legal rights.
If you suspect you have been wrongfully terminated for any of these reasons, it is crucial to seek legal representation from experienced New Jersey employment lawyers. A free consultation with a law firm can help you understand your legal options, the potential for back pay, attorneys fees, and even reinstatement. By taking legal action, you can hold your employer accountable and protect your employment rights under New Jersey law.
When Do You Have a Wrongful Termination Claim?
Like other states, New Jersey is an “at will” state for employment. Essentially, your employer has wide discretion to terminate you whenever they want. However, if an employer fired you for an unlawful reason, such as discrimination or retaliation, you may have a wrongful termination claim. The employee’s rights are protected under various laws, and understanding these rights is crucial when asserting a claim for wrongful discharge.
There are certain limitations created by law, however:
- You have an employment contract, and your employer terminates you in violation of the contract. This is rare, but more common in some industries, especially white-collar professionals.
- Your employer terminates you because of your membership in a protected class based on your race, gender, sexual orientation, or other protected characteristic. Termination for a discriminatory reason is illegal.
- Your employer terminates you because you engaged in protected conduct, such as discussing your pay or reporting harassment at work.
Are You a Member of a Protected Class?
Discrimination against someone for a protected characteristic is intolerable, and state and federal laws protect against this. Some of the most important laws are Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination. Over the decades, other landmark legislation has expanded protection. These laws include the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act of 1990.
Under these laws, employees are protected from discrimination—including termination—based on the following protected characteristics:
- Race
- Color
- Gender and Gender Identity
- National Origin
- Religion
- Disability
- Sexual Orientation
- Pregnancy
Sexual harassment is also prohibited in the workplace and can be a basis for wrongful termination claims.
In addition to these protected classes, employees are also protected from termination for engaging in a protected activity, such as reporting discrimination or participating in an investigation. State and federal law provide these protections to ensure a safe and fair work environment for all employees.
What Conduct is Protected in New Jersey?
State and federal laws also protect workers from termination for engaging in protected conduct. Some common examples include:
- Reporting discrimination or harassment in your workplace, even if you were not the target of this illegal behavior.
- Blowing the whistle on your employer’s illegal conduct.
- Discussing your pay with other employees.
- Refusing to break the law as part of your job.
- Serving in the U.S. military.
Sadly, many employers take revenge on employees who either blow the whistle or refuse to go along with illegal activity. Our laws provide protection from retaliation to give workers an incentive to speak up. Unfortunately, in doing so, they often risk their livelihoods, and employers are adept at retaliating while pretending not to. Contact the Law Offices of Usmaan Sleemi if you believe you are terminated for engaging in conduct protected under the laws.
What Steps to Take if You Suspect Wrongful Termination
Today, few employers come right out and admit they fired a worker because they are a member of a protected class. Instead, you might lose your job and realize everyone else terminated is of the same race or gender. Or your company is bought out and you hear the new owner make disparaging remarks about your religion or national origin.
These cases require high-quality evidence. The way courts analyze discrimination and wrongful termination tends to favor employers. We highly recommend taking the following steps, if possible:
- Save all emails, notes, letters, and voicemails that you believe contain discriminatory language.
- Preserve your performance reviews, since an employer is likely to claim your poor work performance drove the decision to fire you.
- Write down any conversations with your boss or management that you felt involved stereotypes of hateful language.
- Identify anyone who witnessed incidents involving harassment or discrimination.
If hired, our law firm can ask your employer to preserve certain records and communications. We might also need to involve a judge in the process to make sure your employer does not delete or shred critical pieces of evidence.
Remedies for Wrongful Termination in New Jersey
The goal of filing a wrongful termination claim is to seek some remedy. The remedies available will depend on the facts of your case, in particular, which law was violated. Employers who violate employment laws can be held liable for wrongful termination and may be required to compensate employees for their losses.
Many of our clients seek compensation for:
- Back pay
- Front pay
- Attorney’s fees
- Court costs
- Emotional distress damages
- Pain and suffering damages
- Punitive damages
- Economic harm
You should work closely with our New Jersey wrongful termination lawyer to review how much compensation you might receive. We can also discuss whether you might qualify to receive reinstatement in your job—or if that’s even a remedy you wish to pursue.
CIRCUMSTANCES OF TERMINATION
If you believe that you were fired because of your age, racial background, gender, sexual orientation, religious beliefs, national origin, or disability, you are urged to contact our experienced New Jersey wrongful termination attorney immediately for a confidential discussion of the circumstances surrounding your termination. If you lost your job due to workplace discrimination, your employer may have broken the law, and you could have grounds for a claim against your employer. Termination related to wage theft, or for reporting wage theft—such as illegal payroll practices, unpaid minimum wage, or improper deductions—can also be grounds for a claim.
Related to protected classes are courses of “protected conduct.” If an employee is fired for engaging in protected conduct, he or she may have a discrimination claim against his or her employer, similar to an employee who is fired based on membership in a protected class. In addition, what may be at stake in a termination can include understanding or negotiating a severance package, especially if restrictive covenants like non-compete agreements are involved.
PROTECTED CONDUCT
While protected classes relate to employees’ attributes, such as race, gender, or disability, protected conduct relates to an employee’s actions. Examples of protected conduct include:
- Filing a discrimination complaint, or otherwise reporting discrimination in the workplace.
- Filing a complaint, or making a report, pertaining to employer conduct that is fraudulent or illegal. This is colloquially referred to as “whistleblowing,” “blowing the whistle” or “being a whistleblower.”
- Serving in any branch of the U.S. military.
It is unlawful for an employer to fire you in retaliation for blowing the whistle on illegal activities, fraudulent activities, or activities that violated public policy. If you believe that you were fired as retaliation or “revenge” for filing a complaint or raising concerns regarding such activities, the North Jersey wrongful termination lawyer at the Law Offices of Usmaan Sleemi can provide guidance as to the appropriate course of legal action.
How to File a Wrongful Termination Claim in New Jersey
If you were terminated due to membership in a protected class or because of protected conduct, you will likely file a discrimination charge with either the New Jersey Division on Civil Rights (DCR) or the federal Equal Employment Opportunity Commission (EEOC).
Sometimes, only one or the other law applies. But in some cases, both federal and state laws will provide protection, and you can choose the forum. You should work closely with a lawyer to fully understand the process and the deadlines.
Speak with a New Jersey Wrongful Termination Lawyer
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 New Jersey 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.