If you have recently been fired from your job, are you certain that your termination was legal? Most employers can fire “at will” meaning: at any time, for any reason provided it is legal. However, Middletown employment lawyers state that there are some definite exceptions to the at-will rule. Does your termination fall under any of these categories?
Determining a Wrongful Termination in New Jersey
Perhaps the strongest indication of wrongful termination is when an employer fires a worker who has written proof of job security. That proof can be in the form of an offer letter or job contract indicating the guarantee of work for a certain period of time. Slightly more difficult to prove, but still valid is a verbal or implied job agreement. An employer who fires a worker after promising them ongoing employment may be guilty of wrongful termination.
Employers who breach good faith and fair dealing may also face claims of wrongful termination. If a worker is fired before they can collect bonuses, commissions, or raises, or so that a lower-paid worker can replace them, good faith and fair dealing are breached. Good faith and fair dealing are also breached when employers mislead workers about what a job entails or what they can someday earn.
Workers who are terminated because they complain about these breaches are possibly fired illegally. When deception becomes downright fraud, documentation is crucial. You need to demonstrate that an employer lied to you about the nature of the job or anything else.
Retaliation, Discrimination in Wrongful Terminations
An employer can not violate public policy when firing a worker. An employee fired for taking time off to vote, serve jury duty, or serve in the military has been wrongfully terminated. Similarly, workers cannot be fired for exercising a legal right or remedy like reporting a safety issue to OSHA or filing a Workers’ Compensation claim. Termination can never be an act of retaliation for employees’ acting within their rights.
Lastly, workers fired due to discrimination for reasons including race, religion, sexual orientation, marital status, nationality, or disability should seek the advice of an employment lawyer. Even at-will employees are protected from workplace discrimination and discrimination-based termination. If your employer defames your reputation after termination, you still have recourse. If you can prove that a former boss made a false statement about you or your job performance that prevented you from starting a new job, you may have a valid wrongful termination claim.
Middletown Employment Lawyers at McOmber McOmber & Luber, P.C. Represent Workers in Wrongful Termination Cases
If you suspect you were fired illegally, our Middletown employment lawyers can help. Even at-will employees have rights against wrongful termination in New Jersey. Attorneys at McOmber McOmber & Luber, P.C. are dedicated to aggressively protecting the rights of workers throughout New Jersey. Call our Red Bank, New Jersey offices at 732-842-6500 or contact us online to discuss your situation.
With offices in Marlton and Red Bank, we work with clients throughout New Jersey including Burlington County, Monmouth County, Middlesex County, Ocean County, and the towns of Cherry Hill, Marlton, Middletown, Long Branch, Old Bridge, Freehold, Hazlet, Howell, Wall, Brick, Edison, and East Brunswick.