Paramus, NJ

Upper Saddle River Borough, NJ Wrongful Termination Attorney

NJ and Federal Laws Against Wrongful Discharge

As mentioned, New Jersey is an “employment-at-will” state. This allows an employer or employee to end their employment without providing the other party with a reason or even without notice. This law makes it difficult for an employee to pinpoint why they were fired and whether the reason could trigger litigation. However, if an employee can show they were terminated because they were part of a protected class or because they committed a protected action, they can file suit against an employer.

A protected class is a category of people that are provided safeguards against wrongful discharge by state laws or federal laws like Title VII. An example of protected conduct is reporting your employer for violating environmental laws, such as dumping nuclear waste in a prohibited area. Below is a partial list of laws that deal with discriminatory employment practices by an employer against a protected class.

Age Discrimination in Employment Act

The Age Discrimination in Employment Act (ADEA) bars an employer from committing discrimination against an employee solely because of their age. The ADEA specifically prohibits age discrimination against individuals who are age 40 or older. Discrimination can include several actions, such as:

  • Derogatory comments about an employee’s age
  • Continuous harassment due to an employee’s age
  • Purposely giving an older worker an undesirable job assignment
  • Demoting or promoting a worker based on their age

The employer does not have to engage in the discriminatory acts directly. It is enough if these acts are committed by the employee’s coworker, supervisor, or even a client. It is also important to note that state laws can increase the protected age range. For example, New Jersey’s Law Against Discrimination protects workers that are over and under the age of 40.

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals living with a disability. Employers must provide employees with disabilities equal opportunities in the workplace. This means that an employer must provide reasonable accommodations for a disabled employee to succeed at their position. Additionally, if an employer needs to downsize their workforce, they cannot use your disability as a basis to lay you off.

New Jersey’s Law Against Discrimination

New Jersey’s Law Against Discrimination (LAD) deals with illegal employment practices involving several types of protected classes. The LAD handles the following topics in employment law:

  • Racial discrimination
  • Gender identity/expression discrimination
  • Religious discrimination
  • Discrimination against pregnant women
  • Sexual harassment

This is not an exhaustive list. If you feel you were fired because you were part of one or more of the above categories, you may have a valid lawsuit against your employer.

Additionally, if you were fired because you reported that your employer committed fraudulent activity, the LAD will protect you from a retaliation firing. This law also applies to anyone who was fired for helping another person to file a complaint against an employer.

There are various legal remedies available for workers who are wrongfully fired by their employer. For example, the worker may be reinstated to their old position and given back pay for any time that was missed. However, some employees may find this result to be undesirable if they believe they will have to work in a hostile environment. Luckily, there are other damages that a wrongfully discharged employee can receive.

Upper Saddle River Borough Wrongful Dismissal Lawyer

If an employer wrongfully dismissed you or a family member, you should contact an experienced Upper Saddle River Borough wrongful discharge attorney for assistance. The Law Offices of Usmaan Sleemi can help you build a case against an employer that violated state or federal employment discrimination laws. To schedule a free, confidential consultation, call the Law Offices of Usmaan Sleemi at (973) 453-4060, or contact us online.

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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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