Losing your job can be a devastating experience, especially if you believe you were fired unfairly. While New Jersey is an "at-will" employment state—meaning employers can generally terminate employees without cause—there are important exceptions. If your termination violated federal or state laws, company policies, or an employment contract, you may have a case for wrongful termination. Understanding your rights is the first step toward justice.
What is Wrongful Termination?
Wrongful termination occurs when an employee is fired for illegal reasons. This can include discrimination, retaliation, breach of contract, or violations of public policy. Although employers have broad discretion in making employment decisions, they cannot terminate employees for reasons that violate the law.
Common Examples of Wrongful Termination
- Discrimination: Firing an employee based on race, gender, age, religion, disability, sexual orientation, or other protected characteristics under laws like Title VII of the Civil Rights Act or the New Jersey Law Against Discrimination (NJLAD).
- Retaliation: Terminating an employee for reporting workplace discrimination, harassment, safety violations, or whistleblowing on illegal activities.
- Breach of Contract: Violating the terms of an employment contract, whether written, verbal, or implied.
- Violation of Public Policy: Firing an employee for refusing to participate in illegal activities or for exercising legal rights (e.g., voting, jury duty, filing a workers' compensation claim).
- Family and Medical Leave Violations: Terminating an employee for taking protected leave under the Family and Medical Leave Act (FMLA) or New Jersey Family Leave Act (NJFLA).
How to Determine If You’ve Been Wrongfully Terminated
Not every termination is illegal. However, if any of the following apply to your situation, you may have a valid wrongful termination claim:
- Were you fired after reporting discrimination, harassment, or safety violations?
- Did your termination occur shortly after taking medical leave, maternity leave, or other legally protected time off?
- Were you treated differently compared to colleagues in similar situations?
- Did your employer violate an employment contract or company policy in the process of firing you?
- Do you have evidence (emails, witness statements, etc.) suggesting your termination was based on illegal motives?
What to Do If You’ve Been Wrongfully Terminated
If you believe you were fired for unlawful reasons, taking the following steps can strengthen your case:
- Document Everything: Keep detailed records of your termination, including emails, performance reviews, disciplinary actions, and any correspondence related to your dismissal.
- Review Your Employment Contract: If you had an employment agreement, review it for clauses related to termination, severance, and dispute resolution.
- File a Complaint: Depending on the circumstances, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR).
- Seek Legal Advice: Consult an experienced employment lawyer to evaluate your case and determine the best course of action.
How an Employment Lawyer Can Help
Wrongful termination cases can be complex, requiring a thorough understanding of employment laws and strong evidence. An employment lawyer can:
- Review the circumstances of your termination to determine if legal violations occurred
- Gather evidence to support your claim, including documentation, witness testimonies, and company records
- File legal complaints with relevant agencies or pursue a lawsuit against your employer
- Negotiate settlements for compensation related to lost wages, emotional distress, and legal fees
- Represent you in court if necessary
Why Choose Castronovo & McKinney?
If you believe you’ve been wrongfully terminated, having a dedicated legal team on your side can make all the difference. Castronovo & McKinney, Employment Law Attorneys have a proven track record of successfully representing employees in Egg Harbor Township and throughout New Jersey. Their experienced attorneys are committed to Protecting Your Rights and securing justice for employees who have been unfairly treated.
Take Action Today—Don’t Let Wrongful Termination Go Unchallenged
If you’ve been wrongfully terminated, you deserve justice. Contact an experienced employment lawyer to discuss your case, understand your legal options, and fight for the compensation you deserve.
Contact Information
New Jersey Office:
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office:
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781