Losing your job is one of the most stressful life events you’ll experience, as this can make it difficult to make ends meet. However, there is a common misconception that you can only be fired with cause in New Jersey. This is unfortunately not the case, as the state adheres to at-will employment law. If you’re unsure what this means, you’ll want to keep reading. The following blog explores what you should know about these matters, including the exceptions to this rule and how a Gloucester County New Jersey wrongful termination lawyer can assist you if you think your termination was illegal.
What Is At-Will Employment?
All states, with the single exception of Montana, adhere to at-will employment statutes. Essentially, this means that employers and employees alike reserve the right to terminate the working relationship at any time, with or without reason, so long as the reason is not illegal. Additionally, a worker can leave the position without notice or reason.
It’s critical to understand that workers in New Jersey are presumed to be in at-will working relationships unless they’ve signed a contract or there is a statute stating otherwise.
Are There Exceptions?
While both workers and employers have the right to end the working relationship at any time, it’s critical to understand that there are exceptions to this rule.
First and foremost, it’s critical to understand that at-will employment does not cover illegal or discriminatory firings. As such, you cannot be terminated because of your status in a protected class. This includes race, gender, age, religion, ethnicity, and disability. Additionally, you cannot be fired for becoming pregnant or taking family leave in line with the New Jersey Family Leave Act or the federal Family and Medical Leave Act.
Additionally, a worker cannot be fired for engaging in protected activities in the workplace. This includes filing an injury report or acting as a whistleblower. Similarly, workers cannot be fired for refusing to engage in any illegal activity on behalf of their employer.
Finally, employees may not be fired if they have a formal contract or implied contract, like a handbook or offer letter, that states termination will only occur with cause or after warnings.
What Should I Do if I Believe I was Wrongfully Terminated?
If you believe you were wrongfully terminated, it’s critical to take immediate action to best protect yourself during these difficult times.
Generally, the first thing you should do is remain calm. While losing your job, especially if it is an illegal termination, can be incredibly upsetting, anything you say can be used against you. Instead, you should request a written explanation of your termination. This can be used to determine if the reason you were fired is legitimate.
You should also gather any important information and evidence related to the termination. This includes your offer letter, performance reviews, employee handbook, any contracts you signed, and emails from your employer. If you believe you are the victim of discrimination, you should also speak to any witnesses who may be able to provide a statement about the incident.
Finally, you should enlist the assistance of an experienced employment attorney to help you determine the next steps. At Vigilante Law Firm, P.C., our experienced team understands how overwhelming these matters can be, which is why we will do everything in our power to help you fight for the justice you deserve. Contact us today to learn more.
