While you may feel blindsided upon getting the news that your employer is letting you go from your job position, they do not necessarily have to explain their decision. This is because New Jersey follows at-will employment, which means that they may terminate your employment at any time for any lawful reason. However, the operative phrase here is “lawful reason.” So it may be a completely different story if you have reason to believe that your firing has to do with discriminatory tactics. With all that being said, please read on to discover whether you have legal grounds to file a discrimination claim if you’ve been fired and how a seasoned employment discrimination attorney in Gloucester County, NJ, at The Vigilante Law Firm, P.C., can help you exercise your rights appropriately.
Do I have grounds to file a discrimination claim if I’ve been fired?
Simply put, federal and state laws make it illegal to discriminate against employees based on their being part of a protected class. Namely, such protected classes are race, religion, color, sex, gender, national origin, age, or disability.
Unfortunately, such discriminatory tactics may manifest into ultimately firing an employee. For example, an employer may fail to provide reasonable accommodation in the workplace for an employee with a disability. But at the same time, they may complain that this employee is failing to work at the level set by their counterparts. This may ultimately lead to an employer wrongfully terminating an employee based on the hindrance their disability is causing. In turn, this may prompt valid grounds for an employee to pursue a wrongful termination claim due to discrimination.
What is the process of filing a discrimination claim with the EEOC?
Before you can file a wrongful termination lawsuit due to discrimination, you must file a charge of employment discrimination with the United States Equal Employment Opportunity Commission (EEOC). Essentially, this charge is a signed statement asserting that your employer engaged in discriminatory tactics against you, which ultimately led to your getting fired from your job position. In other words, it is request to the EEOC to take remedial action against your negligent employer.
Importantly, you must file this charge within 180 calendar days from the date in which your wrongful termination happened. Or, this deadline may be extended to 300 calendar days if a New Jersey state or local agency enforces a state or local law that prohibits employment discrimination on the same basis. But unique for age discrimination claims, this extension may only apply if both state and local laws exists for such.
At the end of the day, there is no sense in waiting any longer if you know you require financial compensation now. So please reach out to one of the New Jersey employment lawyers from The Vigilante Law Firm, P.C. today.
