You may have thought you were making great strides at your job. You may have even been getting stellar performance reviews and feedback in the past few years. So, you may be completely blindsided if you come into work one day and you are notified of your termination, effective immediately. You may have so many questions, but nobody is able or willing to give you satisfactory answers. The main one swirling in your brain may be, “Was I wrongfully terminated?” In New Jersey, employers generally have the right to terminate at-will employees for almost any reason. However, employers cannot fire employees for discriminatory, retaliatory, or any other unlawful reason. As such, if you were terminated from your position and believe your rights have been violated, it’s in your best interest to connect with a Gloucester County New Jersey wrongful termination lawyer at The Vigilante Law Firm, P.C. to learn more about your legal options.
What Should I Know About At-Will Employment in New Jersey?
Before you jump to the conclusion that you were unnecessarily fired from your job, you must remind yourself that New Jersey is an at-will employment state. This means that your employer may be allowed to end their employment relationship with you at any time, for any reason or no reason, and without notice. They may also demote you, cut your wages, reduce your allotted paid time off, or otherwise make changes to your employment without cause. They may do so to any New Jersey employee without an employment contract.
However, at-will employment does not permit the termination of employees for illegal purposes. This is critical to understand, as many wrongful termination cases arise when employers fire an employee and attempt to disguise their discrimination or retaliation as at-will employment decisions.
Employees throughout New Jersey, including Gloucester, Camden, and Burlington Counties, often incorrectly assume they have no legal rights following their termination. However, both New Jersey and federal law provide considerable legal protection for wrongful termination.
Situations Where At-Will Employment Does Not Protect an Employer
- Your employer terminated you because you used your allotted sick days and paid time off
- Your employer terminated you because you took the day off to observe your religious holiday
- Your employer terminated you because you took your allotted maternity leave after giving birth to your child
- Your employer terminated you because you took the necessary breaks given your disclosed physical disability
- Your employer terminated you because they discriminated against your race, ethnicity, gender, or sexual orientation
- Your employer fired you after you filed a workers’ compensation claim
- Your employer fired you after you engaged in protected whistleblowing activities
- Your employer fired you for reporting illegal conduct in the workplace
How Can I Tell if My Termination May Have Been Illegal?
Many employees, unfortunately, are unaware that when they are terminated, their dismissal may be wrongful. As employers will not openly admit the illegal reason behind the termination, employees should understand the common signs that they may have had their rights violated.
Warning Signs That a Termination May Be Wrongful
- You were fired shortly after reporting harassment or discrimination
- Your employer suddenly begins documenting performance issues despite positive feedback in the past
- Your employer provided inconsistent reasons for termination
- You were terminated shortly after filing a complaint with the Human Resources department
- Your employer terminated you after reporting unsafe working conditions
- Other employees were treated differently under similar circumstances
- You were pressured to resign rather than be formally terminated
What Are Illegal Reasons for Termination in New Jersey?
It’s critical to understand that employees have a number of important rights and protections provided by both state and federal law. As such, if you believe you were terminated due to protected characteristics, you may have the right to seek legal action in accordance with the New Jersey Law Against Discrimination (NJLAD).
Similarly, the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act, and the Age Discrimination in Employment Act provide crucial protection for employees in New Jersey and across the country.
In many wrongful termination cases, employers will attempt to cite the reason for the firing as performance issues, restructuring, or policy violations. However, it’s important to note when the termination occurs, as this may be indicative of illegal conduct. For example, if the termination follows protected activity, like reporting discrimination or filing an OSHA complaint, employees may have grounds to file a wrongful termination or retaliation claim.
Protected Characteristics Under New Jersey and Federal Law
- Race
- Ethnicity
- Disability
- Gender or gender identity
- Sexual orientation
- Pregnancy or maternity leave
- Marital or family status
- Disability or medical condition
- Military or veteran status
- Age (for those 40 and older)
- National origin
- Retaliation for:
- Reporting discrimination or harassment
- Whistleblowing
- Requesting reasonable accommodations
Can I Be Terminated for Reporting Illegal or Dangerous Workplace Conduct in New Jersey?
Under the Conscientious Employee Protection Act (CEPA), which is one of the most robust employee protection laws in the country, an employee cannot be fired in retaliation for reporting unsafe, illegal, or unethical conduct in the workplace. As such, employees typically have legal protections after reporting:
- Workplace discrimination
- OSHA violations
- Illegal conduct enforced by management
- Harassment
- Fraud
- Safety violations
- Wage violations
What Evidence Can Help Support Claims of Wrongful Termination?
If you believe you were unlawfully terminated in Gloucester County, or anywhere in New Jersey for that matter, it’s important to gather as much evidence and documentation as possible to bolster your claims.
Important Evidence to Preserve After Being Fired
- Performance reviews showing consistent, positive feedback
- Written communication from supervisors
- HR complaints or internal reports
- Employee handbook and workplace policies
- Witness names and contact information
- Records of discrimination or harassment
- Termination notices and severance package terms
Contact Our Experienced Gloucester County Employment Attorneys
If you believe you have been wrongfully terminated at your place of employment, it’s imperative to discuss your circumstances with an experienced attorney at the Vigilante Law Firm, P.C. We understand how difficult these matters can be to navigate, which is why we are committed to helping you fight for the best possible outcome. Contact us today to learn more about your rights and legal options.
