Losing your job can be quite stressful and frustrating, particularly if the circumstances that surround the termination are not fair. Employment in New Jersey that does not involve contracts is considered to be at-will, which means that employers can fire an employee for nearly all reasons or no reason at all. But this does not mean employers can freely terminate their workers’ employment in ways that violate the law. Otherwise, they can face a wrongful termination lawsuit. If you think you have been wrongfully terminated from your job, speak with a New Jersey employment attorney to know your rights and legal options. Understanding your rights and employment law helps you make informed decisions about your case.

What is Wrongful Termination?

Wrongful termination is the illegal dismissal of an employee. Although the at-will employment law allows employers to make termination decisions, some exceptions apply and make termination unlawful. Wrongful termination can happen in the following situations:

  • Breach of employment contract. A written employment contract that spells out an employee’s employment terms, including provisions for termination is a legal document. An employer who breaches this contract when they terminate an employee without adhering to the outlined conditions can face a lawsuit. 
  • Discrimination-based termination. Under state and federal laws, employers cannot fire their workers based on their protected class like race, sex, religion, color, age, genetic information, and disability. Terminating an employee for such discriminatory reasons can be grounds for a wrongful termination lawsuit.
  • Retaliation for protected activities. An employer cannot retaliate against their employees for taking part in lawfully protected activities like engaging in an investigation, reporting a workplace safety violation, or filing a harassment or discrimination complaint. Dismissing a worker for such reasons can constitute wrongful termination. 
  • Public policy violation. Sometimes, the decision of an employer to dismiss a worker may be a violation of established public policies like the right of a person to take medical leave or serve on a jury. Terminating a worker for such reasons can lead to a wrongful termination lawsuit.
  • Breach of implied contracts. Even if there is no formal, written employment contract, the existence of an implied contract can be legally recognized based on the statements, previous practices, and policies of the employer. If the latter terminates a worker in ways that breach such an agreement, the dismissed worker may pursue a wrongful termination claim. 

How to Build a Strong Case

If you think you were wrongfully dismissed by your employer, you can take some steps to boost your case and increase your chances of getting a favorable outcome. 

  • Ensure you have thorough documentation. Record all related communications, disciplinary actions, performance reviews, and other pieces of evidence that can support your case. This includes keeping copies of memos, emails, and other written documents associated with your employment and dismissal. 
  • Determine why you were terminated. Request an explanation from your employer about the reasons for your dismissal. If the reasons look inconsistent with your work history, this could boost your claim. 
  • Determine possible violations. Examine the circumstances that surround your termination to determine whether the actions of your employer may have violated related policies or laws. This can include identifying cases of discrimination, breaches of employment contracts, or retaliation. 
  • Speak with an employment lawyer. Because employment law and wrongful termination cases are generally complex to navigate, seek the assistance of a skilled employment lawyer. This lawyer can give invaluable advice on whether you have a strong case against your former employer, the right legal strategy to employ, and the steps to build a strong case. 
  • File a complaint on time. depending on your claim’s nature, you may need to file a complaint with the EEOC or the DOL before you pursue legal action. You must adhere to applicable statutes of limitation, so you can preserve your right to sue.