After getting the crushing news that you have been terminated from your employment, you may experience a mix of emotions. You may feel stressed about losing your income resource, overwhelmed with what your next career move should be, and angry that this has happened to you in the first place. However, you must not let this anger fester and cause you to act irrationally. That is, by threatening to take legal action against your employer even if you do not have a valid case. Please follow along to find out whether you have grounds to sue after getting fired and how a proficient Gloucester County New Jersey wrongful termination lawyer at The Vigilante Law Firm, P.C., can help assure you reach justice in the matter.
Under what circumstances can I sue my employer after getting fired?
Simply put, you may only have a case against your employer for firing you if it was wrongful termination. By its legal definition, wrongful termination is when an employer dismisses an employee from their employment for an illegal reason that clearly violates federal, state, or local labor laws, public policy, or their legally-binding employment agreement. More specific examples of each case are as follows:
- You believe your employer terminated you based on your protected characteristics:
- Based on your race, color, national origin, religion, sex, age, marital status, pregnancy status, military status, genetic information, or disability.
- You believe your employer terminated you in retaliation:
- Based on your filing a harassment or hostile work environment complaint with Human Resources.
- You believe your employer terminated you in violation of your employment agreement:
- Based on a clause that outlines procedures for notifying of and compensating after a termination.
- You believe your employer terminated you in violation of public policy:
- Based on your refusal to commit an illegal act on their behalf.
How long do I have to bring a legal action against my employer?
After reflecting on the above and speaking with one of our skilled attorneys at your initial consultation, you may confirm that you have valid grounds to sue your employer after getting fired. This means filing a wrongful termination claim as soon as possible. Now, the statute of limitations for your claim may vary depending on what you believe your wrongful termination was based on. Again, it is good to settle your deadline with your attorney during your meeting.
For example, if you believe you were fired based on discrimination, you may be allotted two years in New Jersey. This usually means two years from the date on which your employment officially ended. If you think this was more of an act of retaliation, the Conscientious Employee Protection Act (CEPA) may only give you one year to file. Lastly, for a breach of contract or violation of public policy, you may be granted as long as six years to bring your case forward.
Before you find yourself in an even worse position, you must retain legal representation from The Vigilante Law Firm, P.C. One of the talented New Jersey employment lawyers from our law firm will guide you on what to do.
