Wrongful Termination in New Jersey
What Is Wrongful Termination?
While an employer does have discretion over the hiring and firing of employees, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates New Jersey law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
In New Jersey, all employment is at-will unless an employment contract or collective bargaining agreement exists. However, New Jersey Courts recognize certain exemptions to the at-will doctrine. Specifically, the New Jersey Supreme Court confirmed the implied contract exception with the 1985 Wooley v Hoffman LaRoche case. Additionally, New Jersey recognizes the public policy and covenant of good faith & fair dealing exceptions. Furthermore, New Jersey’s law against discrimination provides a statutory protection against employment discrimination.
Types Of Wrongful Termination
In New Jersey, there are many different instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney if you suspect you have been wrongfully terminated. In the following paragraphs are some of the red flags that you should watch out for.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. New Jersey state, federal, or local laws prohibit these reasons.
New Jersey is a union-friendly state and does not have any right-to-work laws. In fact, New Jersey Statute expressly provides the right to unionize to public employees. New Jersey court decisions have given justification to both close-shop and union-shop agreements. This means that New Jersey employers can legally make union membership a condition of employment.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination
Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.
If you believe that you have been penalized or fired in New Jersey for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced New Jersey attorney can walk you through the process to help ensure the best possible outcome.
Retaliation
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
New Jersey’s Conscientious Employee Protection Act (CEPA) protects employees from retaliation for reporting behavior they reasonably believe violated the law. Specifically, employers cannot fire, demote, pass over for a promotion, or harass an employee for taking this action. However, the employee must first bring this report to a supervisor by written notice, and give the supervisor an opportunity to correct the activity. Of note, internal disclosure is not a requirement if the employee fears physical harm and the situation is an emergency.
There are some states that also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.
What To Do If You’ve Been Wrongfully Terminated in New Jersey
Are you suffering from wrongful termination? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the New Jersey laws that your employer has to follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.
According to New Jersey’s Attorney General, an employee must file a complaint with New Jersey’s Division on Civil Rights within 180 days of the act of discrimination. To protect your rights under federal law, you must file with the Equal Employment Opportunity Commission within 300 days of the act of discrimination.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and start the process sometime before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced New Jersey wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. New Jersey employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.
New Jersey’s anti-discrimination statute covers employers of any size. Therefore, if your workplace has between 1 and 14 employees, you may wish to file with New Jersey’s Division on Civil Rights (DCR). Your first step is to submit an intake form online. A DCR investigator will then contact you for an interview and to formalize the complaint. Once you sign and verify a complaint, the DCR will serve your complaint on the party that is violating your civil rights.
If your workplace has 15 or more employees, you can file with the Equal Employment Opportunity Commission (EEOC). The Newark Area Office handles complaints in 13 New Jersey counties including Bergen, Essex, and Hudson. The Newark Area Office reports to the New York District Office. The rest of New Jersey falls under the jurisdiction of the Philadelphia District Office.
Why You Should Hire A Wrongful Termination Lawyer
Filing a wrongful termination lawsuit in New Jersey can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to have someone listen helps to ease the burden they’ve been carrying.
We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced New Jersey attorneys. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.
Our company charges no fees to connect you with the legal services you need. Some New Jersey attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.
Are you ready to find a qualified New Jersey attorney who can help you fight for your job or get justice for the wrongful termination you suffered? We can even help you connect with an attorney across New Jersey state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
