Wrongful Discharge Defined

Wrongful termination, or wrongful discharge, involves a breach of one or more conditions of an employment contract, a handbook quasi-contract, or a federal or state employment law.
If a discharged employee proves wrongful termination in a court of law or arbitration proceeding, the two main remedies are reinstatement and monetary compensation.

Are You a Victim of Wrongful Termination?

If you find yourself in any of the following situations, you may be a victim of wrongful termination:

• Retaliation: The employer terminated the employment because the employee filed a claim of discrimination or cooperated in an investigation of workplace discrimination.
• Employee’s reporting of, threat to report, or refusal to commit a suspected unlawful act: The employer has terminated the employment because the employee is a “whistleblower” as defined under NJ law.
• Employer not following his or her own termination procedures: The employer has terminated the employment without following the procedures outlined in the employer’s own handbook or company policy.

Is the Employer’s Conduct Reasonable and Believable?

The key to evaluating the employer’s conduct, after the fact, is whether the employer is able to present a reasonable and credible basis for its employment decision, which is not undercut by more credible proofs and offers of testimony. Wrongful discharge cases are highly fact sensitive and individualized.  The discharged employee’s lawfully obtained documentation, tape recordings, and corroborating testimony by former or current employees are crucial to making his or her case.

What You Should Know about Wrongful Dismissal Claims in New Jersey

Since New Jersey is an “at will” employment, both employers and employees may end an employment with or without just cause, at any time, with no legal consequences.  Employers may not discharge an employee for an unlawfully discriminatory or retaliatory reason.

Conclusion

If you or someone you know has a crisis or concern regarding employment law, including wrongful discharge, please call or write our experienced employment lawyers today.  We will consider your facts, research the law, and give you an opinion and recommendations concerning your matter, including a suggested “roadmap” and timetable for next steps.  There is no reason for you to handle these matters by yourself.  Let us help you reach solutions that are just and reasonable for you.