If you’re like most people, you want to go to work, do your job, and leave. However, in the event you sustain an injury while on duty, it can derail your plans. As such, you may not think twice before reporting your injury. However, the last thing you may anticipate is receiving notice that you are being fired. If you have been terminated after reporting a workplace injury, the following blog explores what you should know about the legality of these matters, including how to prove that your termination was unlawful, as well as the legal remedies available. Additionally, you’ll learn the importance of working with a Glouster County workplace retaliation lawyer to help you navigate these matters.
Is It Legal For My Employer to Fire Me for Reporting a Workplace Injury?
First and foremost, it’s imperative to understand that under New Jersey law, it is illegal for an employer to terminate an employee for reporting an injury or filing a workers’ compensation claim. This is true regardless of whether you’ve simply informed your employer of the injuries or you have filed a formal report. Employees should not fear termination or retaliation for reporting injuries.
How Do I Prove My Termination Was Retaliation?
It’s important to understand that proving that your termination was retaliation for reporting a workplace injury can be difficult. This is because New Jersey is an at-will employment state, meaning an employer (or employee) can terminate the working relationship at any time, with or without cause. However, there are steps you can take to prove that your termination was unlawful.
Generally, there are signs that a termination is unlawful, which can help your case against your employer. One of the largest signs is timing. As such, if you are terminated shortly after reporting the injury, the court may see the connection between the two events. This can be supported by your work history. If you have a spotless record and strong performance reports in the time before your injury, you’ll find that this can be used to show that your termination was not performance-based.
However, under New Jersey law, you must show that:
- You were engaged in protected activities (reporting the injury or filing a workers’ compensation claim)
- Adverse action was taken against you (termination)
- There is a link between the protected activity and the adverse action
What Legal Remedies Can I Recover if This Reflects My Circumstances?
In the event you can prove that you are the victim of wrongful termination in New Jersey, you are entitled to legal remedies. Generally, the court can order that you must be reinstated to your previous position. If this is not available, a comparable position must be offered. Additionally, your seniority, benefits, and pay must be reinstated. In the event you do not want to return to that workplace, your attorney can help you fight for future lost wages while you seek new employment.
However, you are also entitled to recover lost wages and benefits due to the wrongful termination. This includes lost bonuses, health insurance, and commission, on top of the salary you lost.
As you can see, being terminated from your place of employment for engaging in protected activities can be devastating. That is why it’s in your best interest to connect with an experienced attorney with the Vigilante Law Firm, P.C. Our team understands how overwhelming these matters can be, which is why we will do everything in our power to help you fight for justice. Contact us today to learn how we can represent you.
