Wrongful termination is a critical issue that can have devastating effects on employees in New Jersey. It occurs when a New Jersey employee is fired for illegal reasons, such as discrimination, retaliation, or violations of public policy. At Szaferman Lakind, we are dedicated to helping both employees and employers understand the complexities of wrongful termination and ensure fair treatment in the workplace.
What Constitutes Wrongful Termination in New Jersey?
Wrongful termination in NJ happens when an employee is dismissed from their job in violation of federal, state, or local laws. Common grounds for wrongful termination include:
- Discrimination: Termination based on race, color, religion, sex, national origin, age, disability, or genetic information.
- Retaliation: Firing an employee for exercising their legal rights, such as reporting workplace harassment or discrimination, participating in an investigation, or taking family or medical leave.
- Violation of Public Policy: Termination for reasons that violate public policy, such as refusing to engage in illegal activities and reporting illegal conduct.
Recognizing Signs of Wrongful Termination in New Jersey
Identifying wrongful termination can be challenging. Key signs include:
- Sudden dismissal without clear or legitimate reasons.
- Termination shortly after filing a complaint about discrimination or harassment.
- Firing following a request for reasonable accommodations for a disability.
- Dismissal after reporting unsafe working conditions or illegal activities.
NJ Legal Protections Against Wrongful Termination
Employees in New Jersey are safeguarded by various federal and state laws against wrongful termination. Key protections include:
- New Jersey Law Against Discrimination (NJLAD): Provides additional protections against discrimination and retaliation.
- New Jersey Conscientious Employee Protection Act (CEPA): Provides whistleblower protections against retaliation for reporting or complaining about illegal activities
- Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, sex, and national origin.
- Americans with Disabilities Act (ADA): Protects employees with disabilities from discrimination.
- Age Discrimination in Employment Act (ADEA): Protects employees 40 years of age and older from age-based discrimination.
- Family and Medical Leave Act (FMLA): Protects employees who need to take leave for medical reasons or family care.
Steps to Take if You Believe You Have Been Wrongfully Terminated in New Jersey
If you believe you have been wrongfully terminated, it is crucial to take immediate steps to protect your rights:
- Document Everything: Keep detailed records of the events leading up to your termination, including emails, performance reviews, and notes from conversations.
- Request a Written Explanation: Ask your employer for a written explanation of the reasons for your termination.
- Consult an Attorney: Seek legal advice to understand your rights and the potential for a wrongful termination claim.
How Szaferman Lakind Can Help
At Szaferman Lakind, we assist employees who believe they have been wrongfully terminated. Our legal team is knowledgeable in employment law and can provide guidance on evaluating your case, gathering evidence, and pursuing legal action if necessary. We are dedicated to protecting your rights and ensuring you receive fair treatment under the law.
For employers, we offer counsel on best practices to prevent wrongful termination claims and ensure compliance with employment laws. This includes reviewing termination policies, conducting proper investigations, and providing training on anti-discrimination and retaliation laws.
If you believe you have been wrongfully terminated or need guidance on employment termination issues, contact the attorneys at Szaferman Lakind. We are here to help you navigate the complexities of wrongful termination cases and protect your rights.
For assistance, contact the team at 609-275-0400 or through the contact form on the website.
