Losing your job can be a devastating experience, especially if you suspect your termination wasn’t fair or lawful. In New Jersey, employees are protected by both state and federal laws designed to prevent wrongful termination. Understanding your rights and recognizing the signs of unlawful dismissal are the first steps toward seeking justice. With the help of an experienced employment law attorney, you can determine whether your termination was unjust and take the necessary steps to protect your career and livelihood.
What Is Wrongful Termination?
Wrongful termination occurs when an employer dismisses an employee in violation of their legal rights. While New Jersey is an “at-will” employment state—meaning employers can terminate employees for any reason or no reason, as long as it’s not illegal—there are specific situations where a termination crosses the line into illegality. Common grounds for wrongful termination include:
- Discrimination: Firing an employee based on race, gender, age, religion, disability, sexual orientation, or other protected characteristics.
- Retaliation: Terminating an employee for reporting workplace misconduct, such as harassment, discrimination, or safety violations.
- Violation of Employment Contracts: Dismissing an employee in breach of a written or implied employment contract.
- Protected Activities: Firing an employee for exercising their legal rights, such as taking family or medical leave or filing a workers’ compensation claim.
Recognizing Wrongful Termination Scenarios in New Jersey
Knowing the signs of wrongful termination can help you take action before it’s too late. Here are some common scenarios that may indicate your dismissal was unlawful:
Discrimination in the Workplace
New Jersey’s Law Against Discrimination (NJLAD) provides robust protections against discriminatory practices. If you were fired based on your membership in a protected class—such as your race, gender, or disability—your termination may be considered wrongful. For example:
- A pregnant employee was dismissed shortly after disclosing her pregnancy.
- An older employee was terminated and replaced by someone significantly younger, without clear justification.
- A disabled employee was let go despite reasonable accommodations being available.
Retaliation for Whistleblowing
Employees who report illegal or unethical practices in the workplace are protected under whistleblower laws, such as the New Jersey Conscientious Employee Protection Act (CEPA). If you were fired after reporting safety violations, discrimination, or other misconduct, your employer may have engaged in retaliation, which is a form of wrongful termination.
Breach of Employment Contracts
If you have an employment contract that outlines specific conditions for termination, your employer must adhere to those terms. Violating the contract by firing you without cause or failing to follow proper procedures could constitute wrongful termination. Even in the absence of a formal contract, implied agreements—such as promises of job security—may be enforceable.
Firing for Exercising Legal Rights
Employees are entitled to exercise certain legal rights without fear of losing their jobs. Examples include:
- Taking leave under the Family and Medical Leave Act (FMLA).
- Filing a claim for workers’ compensation after a workplace injury.
- Refusing to engage in illegal activities at the request of an employer.
If you were dismissed shortly after asserting these rights, it’s worth consulting an employment law attorney to evaluate your case.
Employee Rights Under New Jersey Law
New Jersey provides some of the strongest employee protections in the country. Here are key laws that safeguard workers from wrongful termination:
- The New Jersey Law Against Discrimination (NJLAD): The NJLAD prohibits employers from discriminating against employees based on protected characteristics, including age, gender, sexual orientation, race, religion, and disability. Terminating an employee due to these factors is illegal under state law.
- The Conscientious Employee Protection Act (CEPA): Also known as New Jersey’s whistleblower law, CEPA protects employees who report illegal activities, unethical conduct, or workplace violations. Employers cannot retaliate against employees for exposing wrongdoing.
- The Family and Medical Leave Act (FMLA): Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave for specific medical or family-related reasons. Employers cannot terminate employees for taking FMLA-protected leave.
- Workers’ Compensation Protections: Employees injured on the job have the right to file a workers’ compensation claim without fear of losing their job. Retaliatory termination in these cases is illegal.
Understanding these laws is crucial to determining whether your termination was wrongful and how to proceed with a claim.
What to Do If You Suspect Wrongful Termination
If you believe you’ve been unfairly dismissed, taking immediate action is essential to protect your rights. Here’s what you should do:
Document Everything
Keep a detailed record of events leading up to your termination, including emails, performance reviews, and any discriminatory or retaliatory actions. Note the names of witnesses who can corroborate your claims.
Request an Explanation
Ask your employer for a written explanation of your termination. This can provide valuable insights into whether their stated reasons are legitimate or pretextual.
Consult an Employment Law Attorney
An experienced employment law attorney can evaluate your case, gather evidence, and advise you on the best course of action. They can also help you file a claim with the appropriate state or federal agency.
File a Claim
Depending on the nature of your case, you may need to file a complaint with agencies like the New Jersey Division on Civil Rights (DCR) or the Equal Employment Opportunity Commission (EEOC).
Consider Legal Action
If your case meets the criteria for wrongful termination, your attorney may recommend filing a lawsuit to seek compensation for lost wages, emotional distress, and other damages.
How a Skilled Employment Law Attorney Can Help
Wrongful termination can be an overwhelming and frustrating experience. An experienced employment law attorney can help protect the rights of workers and hold employers accountable for unlawful actions. By providing experienced legal guidance, gathering evidence, and advocating on your behalf, an attorney can ensure that your voice is heard and your case is handled with care and precision. Here’s how an attorney can help:
- Comprehensive Case Evaluation: Review the details of your termination to determine if it violates state or federal laws.
- Evidence Gathering: Help you collect the necessary documentation to support your claim.
- Aggressive Representation: Whether through negotiation or litigation, your attorney will fight for the justice and compensation you’re seeking.
- Personalized Guidance: Every case is unique. Your attorney will provide tailored advice to ensure the best possible outcome for your situation.
Call Lipari & Deiter to Discuss Your Wrongful Termination Case in New Jersey
If you suspect you’ve been wrongfully terminated, don’t delay. Acting quickly is crucial to preserving your rights and building a strong case. Lipari & Deiter’s skilled employment law attorneys are here to help you navigate the legal process and fight for your rights. We represent clients in Marlton, Pleasantville, Atlantic City, and throughout New Jersey.
Contact us today at 609-645-9400 for a free consultation. We’ll help you determine whether your termination was unlawful and guide you toward the best course of action.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.