New Jersey is an at-will employment state. An employer can technically fire anytime at will. However, if an employer terminates an employee, in violation of a state or federal law, it could be termed as wrongful termination. A simple example of wrongful termination would be when someone is fired because of retaliation. If you have been fired wrongfully by your employer, talking to an employment lawyer in Morristown can help. Here are a few facts worth knowing.
Understanding discriminatory discharge
New Jersey’s Law Against Discrimination is one of the strongest laws in the US. Discrimination on basis of sex, gender, age, national origin, pregnancy, race, religion, sexual orientation, is unlawful. The employer can be held liable if an employee is fired because of these reasons. for instance, when an employee is fired because they need to go on pregnancy leave, it is a clear case of discriminatory discharge.
Understanding retaliatory discharge
Employers often retaliate against employees, who point out wrongdoings, misconduct, and unlawful activities. Think of this situation -You participated in an investigation related to a colleague’s sexual harassment and gave a statement that’s against the supervisor or employer. If your employer fires you for that, this is a clear case of retaliatory discharge. There are anti-retaliation statutes in New Jersey, such as Equal Pay Act and Law Against Discrimination, so talk to an attorney if you believe that you have been fired in retaliation.
Understanding unlawful harassment
An employer can be held liable if an employee was fired due to unlawful harassment. For example – If an employee was subjected to sexual harassment at work, and he/she files a complaint, it is the duty of the employer to investigate the matter. However, employers often fire employees who raise such complaints. This is a classic example of unlawful harassment and wrongful termination.
Understanding breach of contract
If your termination is a direct violation of the employment agreement you had signed, it is a case of wrongful termination. While employment is at-will, employers must honor the agreement that was signed with the employee.
Contact an employment lawyer
Just because you believe that you have been wrongfully fired doesn’t mean you have a case. Talk to an employment lawyer in-depth about your circumstances and ask the attorney if you can sue your employer. If you have a valid lawsuit or claim, your employment lawyer will guide you on the process and how you can get the compensation/settlement you deserve.
