Was Your Firing a Case of Wrongful Termination?
Posted September 3rd, 2014 by Anthony Carbone, PC.
Categories: Legal Topics.
You’re a good employee. You do your job, you don’t come in late or take much sick time. You always thought that even if you weren’t the best employee, you were still a valuable team player and there was no cause for your employer to fire you. But then, the fateful day comes. Your boss fires you. When you demand for a reason, you get a vague excuse. Is this a case of wrongful termination?
In New Jersey, wrongful termination is rather tricky to prove. According to the law, New Jersey is an at-will state, which means an employer can fire an employee at any time and for any excuse. In fact, you could be fired for no real reason at all. But that doesn’t mean there aren’t exceptions to this rule.
Here are a couple of examples that are considered wrongful termination:
Discriminatory Reasons – As we know, it’s a federal law to fire anyone because of their sex, race, color, religion, age, national origin, disability, genetic information or citizenship status. In New Jersey, employment discrimination also includes sexual orientation, if you have HIV/AIDS, marital status, and military service. This law must be followed by all employers, no matter how many employees they have. In addition, the employer cannot retaliate against you if you assert your rights. For example, your employer fires you after you file a complaint against another employee who has been bullying you because you’re homosexual.
Breach of Contract – Are you under a contract at work? Take a good look at the contract. It may say something about the employer not being able to fire you unless there’s a good reason, such as you’re not doing the work. If you have a contract that stipulates this, then the employer cannot fire you without a reason.
Tort Claims – Let’s say you were fired for no reason at all. The firing has affected you not only financially but emotionally as well. You may be able to file for a personal injury claim against your former employer. This can be tricky and if you intend to go down this road, you may want to speak to our experienced personal injury lawyer first.
If you have been fired and you feel that it was a case of wrongful termination, call the Law Offices of Anthony Carbone, PC. We have more than 25 years of experience with New Jersey’s laws and we know how to fight the system. Contact us for a free consultation.