If you have recently been fired from your job, are you certain that your termination was legal? Most employers can fire employees “at will,” meaning any time, for any reason, provided it is legal. Our Middletown employment lawyers understand that there are some definite exceptions to the at-will rule, and your termination may fall into this category.
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.
Were You Fired Illegally in NJ?
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 and 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, age, illness, 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.
Our Middletown Employment Lawyers Can Help If You Were Fired Illegally
If you suspect you were fired illegally, the employment lawyers at McOmber McOmber & Luber, P.C. can help. Even at-will employees have rights against wrongful termination in New Jersey. Our attorneys are dedicated to aggressively protecting the rights of workers throughout Monmouth County, New Jersey, and beyond. Call or contact us online to discuss your situation.
With offices in Newark, Marlton, and Red Bank, we work with clients throughout New Jersey, including Burlington County, Middlesex County, Camden County, andEssex County, covering towns such as Cherry Hill, Marlton, Long Branch, Old Bridge, Freehold, Hazlet, Howell, Wall, Brick, Edison, and East Brunswick.
