As an Union Member, Can I File for Wrongful Termination?
You could be fired today for no reason at all.
It’s true. According to New Jersey law, we are in an at-will state and this means an employer can fire an employee at any time and doesn’t need a reason. But, like most laws, there are exceptions to this rule. For instance, if you’ve been discriminated against for your sex or race and then are fired, this is definitely grounds for a lawsuit. The same goes if you are filing a whistleblower claim against your employer and in retaliation, you are fired. If one of these options is the case, then you may have a wrongful termination lawsuit on your hands.
But things are a little different for union members. Unlike some employees, chances are you have a contract with your employer. This means that the employer cannot fire you “just because.” There needs to be “just cause” for your termination. This means that your employers need to have a good reason for firing, otherwise it is a case of breach of contract.
If your employer does fire you for no reason, then your first steps should be contacting your union representative. With his/her help, you will be able to determine whether your employer had followed proper procedures as laid out in your employment agreement. If that’s not the case, your union representative will then take the next steps to dealing with your employer on your behalf. And if the situation is not resolved, it’s time to talk with a lawyer.
If you have a legal situation and need an attorney, don’t delay. Contact the Law Offices of Anthony Carbone today for a free consultation.