• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities ACT (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices and Healthcare
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
    • Representative Clients
  • Team
  • FAQs
  • News
  • Office Locations
  • Contact Us

Fired via E-Mail a Form of Wrongful Termination?

August 14, 2017 by Red Bank Legal

Being fired from a job is never pleasant. Yet, whether for performance issues or financial cutbacks, most people will be let go from their job at some point in their lives. Even when you are terminated for issues beyond your control, it can be a very humbling experience.

You might be surprised to know how easily you can lose your job and how little leverage you have against your employer when it comes to being fired. With a few exceptions, you can be fired without notice, without explanation – and even without a conversation. In most cases it is perfectly legal to fire employees via email, phone call, or even text message. Employees who believe they have been a victim of a wrongful termination should consult an experienced employment law lawyer to discuss their legal options.

The Law and Termination

Some states have employment laws that stipulate how employers must terminate workers. In the many states with at-will employment laws, employers are generally within their rights to fire a worker at any time, in any manner – including letter, phone call, or e-mail, provided the firing is not discriminatory or based on a person’s protected class status.

Because these methods are bad for company morale and would discourage good employees from joining the company, most businesses have well-defined termination policies and procedures in place. Most mid-to-large sized companies have human resource (HR) specialists or departments to oversee employee hiring, evaluation, and firing. Prior to termination, HR usually notifies employees and offers them time and guidance to improve their performance.

In most organizations, performance issues, evaluations, and interactions with HR are well-documented. Termination terms are usually also recorded, discussed with the employee in question, and signed by both parties. It is important to note that none of these steps are required by law, though they are important for encouraging employee loyalty and retention.

Protecting Yourself in the Event of a Termination

There are ways to protect yourself when facing termination. A well-crafted employment contract is the simplest way to protect employees from being fired by e-mail or phone call. A personal or union employment contract should also include all the steps that must be taken before a worker is fired, allowing employees time to rectify poor performance before being fired.

Sometimes termination is unavoidable. There are a few important things to remember if you are fired. Ensure you receive all the benefits listed in your employment contract, including any severance package and unused vacation or sick pay. Discuss any final questions or concerns you have with your HR representative such as unemployment and references. Confirm that all the appropriate steps were taken before your termination, and that it was communicated to you in the ways defined by your company’s policies or employment contract.

Cherry Hill Employment Lawyers at McOmber McOmber & Luber, P.C. Protect New Jersey Workers from Wrongful Termination

If your termination was without warning or did not happen according to your employment contract, you may be the victim of wrongful termination. An experienced Cherry Hill employment lawyer at the law firm of McOmber McOmber & Luber, P.C. will determine if your rights were violated.

Cherry Hill wrongful termination lawyers at McOmber McOmber & Luber, P.C. understand the nuances of business and employment law and are available to guide you on the best course of action if you have been fired.

Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or contact us at 888-396-0736 or online for a free consultation.

Filed Under: Employment Lawyers, Wrongful Termination, Employment Discrimination

Primary Sidebar

Related Practice Areas

  • Wrongful Termination Lawyers | Blog | McOmber McOmber & Luber
    Wrongful Termination Lawyers

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545
    info@njlegal.com

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
    856.985.9800
    856.263.2450
    info@njlegal.com

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216
    info@njlegal.com

Footer

McOmber McOmber & Luber

McOmber McOmber & Luber is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblowing & Retaliation
  • Other Legal Services

Copyright © 2023 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Site Map
  • Log In

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here. Your Privacy Choices Notice at Collection

Free Consultation