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What exactly is wrongful termination? Wrongful termination refers to illegal firing, but the vast majority of terminations in “at-will” employment are legal. The most common causes of illegal termination are discrimination or retribution, and employers are not allowed to discriminate based on protected class characteristics. Employers may not retaliate against employees who report illegal behavior, file a workers’ compensation claim, or request family leave. It is illegal to retaliate against someone who engages in protected activity. But if that’s what has happened to you, visit this website for the help of a New Jersey lawyer.
What can you do?
Investigate your legal alternatives if you suspect wrongful termination in New Jersey. State employment laws provide extensive protection. Restitution, back pay, emotional distress damages, punitive damages, and attorneys’ costs may be awarded in successful instances.
If you believe you were unlawfully terminated because of whistleblowing, refusing illegal or unsafe activities, or discrimination based on protected characteristics, contact a lawyer.
If you suspect you were fired or disciplined for reasons like reporting sexual harassment, asking for disability accommodations, requesting family leave or breaking corporate termination policy, you should talk with an experienced employment lawyer about taking legal action.
Breach of contract:
If an employer terminates an employee with an employment agreement before the contract expires, this is considered a breach of contract. Reasons for “for cause” termination must be substantiated by significant evidence and must not be arbitrary or illegal. Because to “at-will” employment, breach of contract actions are less common.
Unlawful harassment:
Wrongful termination can occur when an employer discriminates against an employee on the basis of protected characteristics or retaliates in response to complaints or participation in investigations. Under New Jersey law, unlawful harassment that leads to constructive discharge might also result in a wrongful termination suit.
Violation of internal employment policies:
Wrongful termination can also occur as a result of a violation of internal employment policies. Representations in employee handbooks may result in the formation of a unilateral contract for work protections and perks. However, “Wooley disclaimers” noting that employment is at-will usually shield employers from imposing contractual commitments that could be used to support a wrongful termination lawsuit.
Final thoughts:
Wrongful termination occurs when an employer fires an employee in violation of federal, state, local, or common law. Discriminatory or retaliatory firing, unlawful harassment, breach of contract, and violations of employee handbooks or manuals are all examples.
