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When an employer terminates a worker’s employment for an unlawful or unethical reason, it may constitute wrongful termination. Proving a claim for wrongful termination can be difficult, as many employees are considered to be “at will” and therefore can be terminated for any reason not contrary to law or public policy. If you’ve been fired for a potentially unlawful reason, you should learn more about how to prove wrongful termination in New Jersey and talk to an employment law attorney about your rights and options.
Wrongful termination occurs when an employer fires or discharges an employee for a reason that violates the employee’s contract rights or their rights under statutory law, or for a reason that is considered contrary to public policy.
Firing or discharging an employee may constitute wrongful termination when it involves:
Even if an employer can cite to another lawful basis for an employee’s discharge (such as unsatisfactory performance), if the underlying motivation was an unlawful reason, it is still considered a wrongful termination.
Read more: Is My Workplace Hostile?
If an employee can show that they were wrongfully terminated from their job, they may be entitled to various forms of relief, including:
If you think you’ve been subjected to a wrongful termination, it is critical that you speak to an employment law attorney. Proving that you were wrongfully terminated is often a difficult process, as employers often cite legitimate reasons for terminating an employee, such as poor performance or the need for the company to downsize. When that occurs, an employee who believes they have been wrongfully terminated must prove that an official, legitimate reason for their discharge was merely a pretext for the true unlawful reason for their termination. This often requires using a great deal of circumstantial evidence, including evidence of how other employees in similar situations were treated. An experienced employment law attorney will know what evidence to look for to help prove that a worker’s termination was for an unlawful or unethical reason.
Although New Jersey employment laws are supposed to provide you with protections in the workplace, it is not always easy to get the rights you deserve. That is why you should speak with a knowledgeable employment lawyer about your situation and get guidance about your rights and options. The experienced employment law attorneys at The Epstein Law Firm, P.A. represent clients in Englewood, Fair Lawn, Fort Lee, Garfield, and all across New Jersey. Call 201-231-7847 or fill out our online contact form today to schedule a free consultation about your work injury case. Our main office is located at 340 West Passaic St., Rochelle Park, NJ 07762.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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