MOST TIMES WHEN AN EMPLOYEE IS FIRED, THE TERMINATION IS DUE TO POOR PERFORMANCE, TARDINESS, OR OTHER ISSUES.
Unfortunately, there are also situations where workers are fired because of discrimination, which is known as “wrongful termination.” There are also cases where workers are fired because they filed a complaint or blew the whistle, which is called “retaliatory discharge.” Proudly serving Passaic County, NJ, Usmaan Sleemi is an employment law attorney who helps the victims of discrimination fight back against wrongful termination and retaliatory discharge.
Mr. Sleemi has extensive experience handling wrongful termination claims on behalf of workers in New Jersey. He understands the legal challenges that must be overcome, and is ready to work tirelessly in pursuit of the justice and compensation you deserve. It may be possible to obtain financial damages, or even get your old job back. For a free consultation about filing a wrongful termination claim in Passaic County, contact the Law Offices of Usmaan Sleemi online, or call today at (973) 453-4060.
FILING A WRONGFUL TERMINATION LAWSUIT IN NJ
In Passaic County and throughout New Jersey, employers are generally permitted to fire employees at any time for any reason. However, there are two important exceptions to this rule. Employers may not terminate employees on the basis of:
- Participation in “protected activity” or “protected conduct”
- Membership in a “protected class”
As the Equal Employment Opportunity Commission (EEOC) points out, protected activity “can take many forms.” Examples include, but are not limited to:
- Refusing sexual advances or demands
- Refusing to comply with illegal or discriminatory orders
- Reporting your employer’s unsafe, discriminatory, or otherwise illegal activities
- Serving in the military
The New Jersey Conscientious Employee Protection Act (CEPA) makes it illegal to retaliate against a whistleblower by firing him or her. Additionally, a variety of federal laws ban retaliation for specific reasons, such as the Occupational Safety and Health Act (OSHA), which bans retaliating against employees for reporting work accidents or unsafe working conditions. Other federal laws against retaliation include the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and Title VII of the Civil Rights Act of 1964.
Belonging to a protected class means that you have a trait which state or federal laws have made it illegal to discriminate against in the workplace. All workers belong to various protected classes because all workers have a skin color, an age, a nationality, and so forth. Under laws like the New Jersey Law Against Discrimination (LAD), the Equal Pay Act (EPA), the Age Discrimination in Employment Act (ADEA), and Title VII, it is illegal to terminate an employee on the basis of:
- Gender expression
- Genetic information
- National origin
- Marital status, including civil unions and domestic partnerships
- Religion (“creed”)
- Sexual orientation
WRONGFUL TERMINATION SETTLEMENTS AND COMPENSATION
Compensation may be available to the victims of wrongful termination in New Jersey. However, in order to be compensated, you will need to present evidence that proves certain facts. Specifically, you will need to prove that you were terminated because of your membership in a protected class, or because you participated in protected activity.
Your employer will likely attempt to defend themselves by asserting a legitimate reason for your termination, such as violations of company rules. Therefore, it is crucial to be prepared with as much evidence possible in support of your claim. Examples of useful sources of evidence could include your job description, your resume, any performance reviews you might have received, your company’s employee handbook, any documents related to previous investigations or accidents, and any records related to attendance, training, paid leave, vacation time, and unemployment compensation. If you experienced problems before being terminated, such as sexual harassment or a hostile work environment, it is important to obtain any related records, files, or emails that could provide proof.
If you can demonstrate that your termination was unlawful, you may be awarded compensation (“damages”), or your employer may agree to an out-of-court settlement. Whether compensation is being pursued through negotiation or litigation, Usmaan Sleemi will work to maximize the amount available. You may be compensated for:
- Financial losses resulting from the loss of income, including back pay, front pay, overtime, and unpaid wages
- Financial losses resulting from the loss of employment benefits, such as stock options, retirement plans, health insurance, and dental insurance
- Emotional distress resulting from the discrimination or retaliation
In some cases, it may also be possible to have the employee reinstated at his or her former job.
PASSAIC COUNTY WRONGFUL TERMINATION ATTORNEY USMAAN SLEEMI CAN HELP
No one should have to suffer through the pain and humiliation of discrimination, bullying, or harassment – especially not in an environment that is meant to be polished and professional. If you or your spouse was wrongfully terminated, and you believe the cause to be discrimination or retaliation, you should discuss your options with an experienced wrongful termination attorney in Passaic County as soon as possible. For a free legal consultation, call the Law Offices of Usmaan Sleemi at (973) 453-4060, or contact us online.
Law Offices of Usmaan Sleemi LLC.
New Jersey Office:
66 NJ-17 #500,
Paramus, New Jersey 07652