Employers in New Jersey have the right to fire employees when they want. They don’t have to give a reason or warning. However, in many situations, terminating the contract of an employee could be wrong. For instance, if you were fired because you just turned 50, you know that was unfair. Unfortunately, not many employees act against wrongful termination, possibly because they don’t have clarity and understanding of the laws. Instead of accepting the termination as your fate, consider connecting with the Law Offices of Usmaan Sleemi for a free consultation. Let’s discuss such cases in detail for your help.
When is termination wrongful?
NJ is an at-will employment state, but that doesn’t mean employers can violate the rights of employees when firing them. For instance, if you were fired from your role and that decision violated one or more terms of your employment contract, that is a case of wrongful termination. Keep in mind that employers are smart and will not usually do such things that will show them in the wrong light. As such, cases are often hard to fight and prove. Your termination is also wrong when you have been fired because you belong to a protected class. For example, any employer who terminates an employee because of race, age, gender, sexual orientation, or pregnancy is wrong. Both Title VII of the Civil Rights Act of 1964 and the NJ’s law Against Discrimination are meant to protect employees.
What to do about wrongful termination in NJ?
As we mentioned, employers are not foolish to admit that they have fired employees because of their race, age, or other protected classes. However, there are cases where one can connect the dots and point out a case of wrongful termination. You can take certain steps as a victim. Firstly, save everything that may show that you were a victim of discrimination. The list includes emails, notes, letters, text messages, and voicemails. Track all relevant documents that matter for your job, such as your quarterly and yearly performance reports and appraisal letters. If you had a conversation with your boss or management where you felt that you were subjected to certain language or stereotypes, you can write down the details. Check whether there were witnesses to such incidents.
What are the remedies available?
When you file a wrongful termination claim in NJ, you want something to happen. The remedies largely depend on your circumstances, the facts of the case, and what you want. Victims of wrongful termination often want both back and front pay, the cost of hiring a legal team, and court costs. You can also seek non-economic damages, such as emotional distress, pain and suffering, and punitive damages.
Should you choose a wrongful termination lawyer?
If you want to get a positive outcome, hiring a wrongful termination lawyer is the best way forward. The biggest thing is proving details against your employer isn’t the easiest thing. They already have a team of attorneys and experts who will do everything to protect their and the company’s interests. Unless you are backed by evidence and legal counsel, your case is likely to suffer, even if the claim is strong. Attorneys with years of experience know what it takes to seek justice, and their expertise will help through the negotiations. You wouldn’t want to waste money and time in litigation, but it all comes to that: your lawyer can represent you.
Ensure that you find an employment law attorney in New Jersey who is capable and knowledgeable and has handled wrongful termination claims and lawsuits. Schedule a meeting and interview them to learn more about their profile and successful cases.