In the realm of employment, understanding your rights is essential. One area where this knowledge is particularly crucial is the concept of wrongful termination, a situation where an employer ends an employee’s employment contract in violation of legal rights.
Discriminatory Termination
Discrimination is a prevalent form of wrongful termination. The law prohibits employers from terminating an employee based on race, gender, age, disability, religion, or nationality. This is known as discriminatory termination.
For instance, consider a scenario where an employee, after years of dedicated service, is terminated shortly after revealing a disability. The employer cites performance issues, but the employee has a consistent history of positive reviews. This could be a case of discriminatory termination based on disability.
Retaliation
Retaliation is another form of wrongful termination. It occurs when an employer punishes an employee for engaging in legally protected activities. These activities include filing a complaint about harassment or discrimination, participating in workplace investigations, or whistleblowing on illegal practices.
Imagine an employee who reports safety violations within the company to an oversight agency. If the employer subsequently terminates this employee, citing vague reasons such as company restructuring, it might constitute wrongful termination due to retaliation.
Breach of Contract
A breach of contract happens when an employer dismisses an employee in violation of the terms stated in their employment contract—whether the contract was written, oral, or implied.
For example, if an employment contract stipulates that an employee will not be dismissed without cause and a period of notice, but the employer terminates the employee immediately without any valid reason, this could be seen as a breach of contract.
Violation of Public Policy
Termination may also be deemed wrongful if it violates public policy. This implies that if an employer terminates an employee for reasons society recognizes as illegitimate or unethical, it could be a wrongful termination.
Consider a situation where an employee is dismissed for taking time off to serve on a jury—a civic duty. This dismissal might be seen as a violation of public policy.
What Employees Can Do?
Employees who suspect they have been wrongfully terminated must act promptly to protect their rights. The first course of action should be to consult with an employment attorney well-versed in the laws of New Jersey. Legal professionals can thoroughly assess the situation and determine if there are grounds for a lawsuit. If wrongful termination is evident, the employee may be entitled to remedies such as compensation for lost wages, reinstatement to their former position, or other damages.
Litigation is not the only avenue; employees can consider mediation or arbitration alternative dispute resolution methods. It is critical, however, to take note of the statute of limitations, as failing to act within the prescribed timeframe can result in the forfeiture of one’s ability to file a claim.
For employees, gathering documentation such as employment contracts, performance reviews, and any communication related to termination is essential in building a strong case.
A South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC Will Protect Your Rights if You Have Been Wrongfully Terminated
It is important to remember that every situation is unique, and what may seem like wrongful termination may not be so under the law. Therefore, it is imperative to seek legal advice. Speak with a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC today. Call 856-235-7075 or contact us online to schedule your free consultation. Located in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in South Jersey, including Cherry Hill, Burlington County, and Camden County.