Is My Firing After a Workplace Accident a Case of Wrongful Termination?

Posted October 17th, 2014 by .

Categories: Workers Compensation.

wrongful-termination-after-an-accidentYou’re on your way to work one day when you get into a pretty severe car accident. You injure your back and need to go to the hospital. While recovering, you learn that your company has fired you, even though it knows you were in an accident. Can it do that? Is this a case of wrongful termination?

First, let’s get a clear definition of wrongful termination. Wrongful termination means that you were fired or laid off for a reason that you feel is not legal. Some examples of wrongful termination include:

  • You were discriminated against because of age, religion, sex, disability, etc.
  • You are being sexually harassed
  • Violation of any written or oral agreements, like an employee-employer contract
  • Retaliation for filing a complaint against your employer

New Jersey is considered an “at-will” state, which means your employer can fire for no reason at all. So even though you are recovering from an accident, your employer can indeed fire you. But this doesn’t mean you can’t sue him.

If you were fired and it affects your finances and your emotions. If this is the case, you can file a personal injury claim against your former employer. But this may be hard to prove on your own. If you decide to go down that road, you may want to speak to our experienced personal injury lawyer first to see if you have a case.

But let’s say your accident was work-related. Can your boss fire you then? According to New Jersey workers’ compensation law, the employer cannot fire you because of a workplace accident. Especially if you file a claim against your employer for unsafe conditions.

Before you considering filing a wrongful termination lawsuit against your employer, you should speak with your lawyer at work Anthony Carbone first. With more than 25 years of experience in the New Jersey legal system, our wrongful termination lawyer will review your case and will advise if you have a case or not. Contact the Law Offices of Anthony Carbone today for a free consultation.

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