Wrongful firing claims come in a variety of packages: Know your rights!!
The state of New Jersey is an “at will” employment state. This means that either an employee or employer can end the working relationship at any time without a good reason. While this means that an employer can fire an employee for a wide variety of reasons, there are some restrictions on when an employer may terminate the employment of an employee. Employers who fail to adhere to these restrictions could be breaking the law. If you are an employee who believes that you have been illegally fired, you should consider taking legal action against your former employer.
There are several additional actions to consider in conjunction with a wrongful termination claim.
One is defamation of character. This could arise if your employer publicly accuses you of wrongdoing that you actually did not do. A second could arise if you are working under a contract that is breached by your firing.
Other causes of action may be based upon the violation of state or federal laws such as those concerning whistleblowing. If you are fired or harassed in retaliation for reporting your employer’s illegal acts, or for refusing to engage in the illegal acts, you may have a wrongful termination claim.
Other employer misconduct could lead to a legitimate claim as well. For example, if you refuse sexual advances of a coworker or file a sexual harassment or workers’ compensation claim, and your employer fires you as a result of any of these, this is unlawful retaliation and it is actionable. Finally, individuals who fit into a protected class cannot be fired because of those characteristics. These characteristics include:
- Pregnancy
- Color
- Ethnic origin
- Sexual orientation
- Disability
- Religion
- Race
- Gender
- Age
Being fired from one’s job is an upsetting experience to say the least, made more so if illegal conduct has motivated it. If you find yourself in that situation, and want to do something about it, you will benefit from speaking with an experienced employment lawyer who handles employees’ rights claims. For more information, please see our webpage on wrongful termination.