McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501

How do you prove wrongful termination?

Wrongful termination occurs when a manager illegally fires an individual either in contradiction to an employment contract or for taking a protected action.

If an employee’s contract lays out grounds for termination the employer cannot fire the employee on other grounds. The contract itself can help prove wrongful termination by showing the grounds acceptable for termination and any policy or procedure articulated for termination.

A protected action can include filing a complaint of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination or harassment. To show that wrongful termination occurred, the employee must show that they engaged in a protected action and that the protected activity was the reason for the termination.

Even if the employee is at-will, meaning the employer can terminate the employee at any time, the employee cannot be fired if the reason violates discrimination or harassment laws. Therefore, proof of the protected action and the firing along that action will be relevant in this case as well.

If you think you were wrongfully terminated, we can help. At McOmber McOmber & Luber, we take a proactive approach to each and every legal issue our clients face. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, or contact us at 888-396-0736 or online for a free consultation.

Related FAQs

  • What is wrongful termination?

    Wrongful termination arises when an employee believes the employer illegally fired him or her. This occurs when an employee is fired and that firing breaches an employment contract or employment law.

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  • What Does “At-Will” Employment Mean?

    “At-will” employment means that an employer or employee may terminate the relationship at any time, without reason or cause. An employer may not, however, terminate a worker’s employment for unlawful cause, such as in violation of NJLAD, in retaliation for reporting harassment or discrimination in the workplace, or for whistleblowing. If you suspect you’ve been terminated for an unlawful reason, you may have grounds for a wrongful termination claim.

  • Can I Be Wrongfully Fired Even if I am Employed At-Will?

    Yes. There are multiple wrongful termination standards that protect employees in at-will employment relationships. This ensures that there are a multitude of scenarios in which a worker’s rights are protected, even for non-contracted work. For example, if a termination is a violation of public policy or of an implied contract, it can be disputed.

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  • Am I Entitled To A Warning Before I Am Terminated?

    No, you are not entitled to a warning before you are terminated. New Jersey is an “at-will” employment state, meaning that there is no legal obligation to provide advanced notice to an employee facing termination.

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  • Am I a Member of a Protected Class?

    The New Jersey Law Against Discrimination (NJLAD) firmly establishes that an employee cannot be fired for being a member of several protected classes. These include:

  • Is my employer required to give me a severance package?

    New Jersey law does not require severance packages, but some employers offer them in the context of separation agreements; always ask a lawyer before signing a separation agreement.

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  • What Role Does My Employment Contract Play In Helping My Wrongful Termination Case?

    Your employment contract could potentially help your wrongful termination case. Another exception to at-will employment is the existence of an employment contract which sets forth:

    • Acceptable grounds for termination; and
    • Procedures and protocols to be followed by an employer when termination of employment will be sought.

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  • Can I Get Fired for Discussing Politics on Social Media?

    Yes, you can get fired for discussing politics on social media. New Jersey is an at-will employment state which means a private employer can terminate you for any reason or no reason at all.  Therefore, if an employer concludes that your speech is causing other employees to feel uncomfortable or is harming or interfering with its business, you could be disciplined or terminated. This extends to posting on social media, wearing political clothing, pins, masks, etc.  Make sure to read your employee handbook to find out what conduct violates your workplace rules.

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  • Is Getting Fired Over Email a Form of Wrongful Termation?

    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.

  • What Is the NJ WARN Act?

    The New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN) expands part of the Federal WARN Act by requiring notice even when the employment losses result from a sale of a business.

    The NJ WARN Act also contains strict provisions with respect to job transfer circumstances and penalties for employers violating the Act.

    Read More

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