Losing a job is a profound experience, impacting both your emotional and financial well-being. Understanding whether your termination was lawful is crucial in determining your next steps and whether you may be entitled to compensation. In New Jersey, while employment is generally "at-will," meaning employers can terminate employees for any reason or no reason at all, there are critical exceptions where a firing may be deemed wrongful and illegal.
Understanding Wrongful Termination
Wrongful termination occurs when an employee is discharged in violation of federal, state, or local laws, or breaches of employment contracts. Common illegal reasons for termination include:
· Discrimination: Terminating an employee based on protected characteristics such as race, gender, age, religion, or disability is unlawful. The New Jersey Law Against Discrimination (NJLAD) and various federal laws prohibit such discriminatory practices.
· Retaliation: Firing an employee for reporting workplace violations, discriminatory reasons, or for participating in investigations, is illegal.
· Breach of Contract: Terminating an employee in violation of the terms outlined in an employment agreement, whether written or implied, constitutes wrongful termination.
Steps to Take if You Suspect Wrongful Termination
1. Gather Evidence:
a. Collect all relevant documentation, including employment contracts, performance evaluations, emails, and any records related to your termination. This evidence is vital in substantiating your claim.
2. Consult an Attorney:
a. Seek legal advice promptly to assess the validity of your claim and explore potential remedies. An experienced employment law attorney can guide you through the complexities of wrongful termination cases.
Statute of Limitations
It's important to act swiftly, as there are time limits for filing wrongful termination claims. In New Jersey, the statute of limitations is typically two years from the date of termination, but this can vary depending on the specific circumstances of your case.
Conclusion
Navigating the aftermath of a termination can be challenging, but understanding your rights is the first step toward justice. If you believe your firing was illegal, it's imperative to take action promptly. At Semeraro & Fahrney, LLC, we specialize in employment and labor law and are committed to protecting your rights. Contact us today for a free comprehensive evaluation of your situation and to explore your legal options.
