Being fired from a job can be a stressful and often surprising experience, especially if you have a strong work history and a track record of reliability. The reality is that in most cases, employees in the United States can be terminated at any time, for almost any reason, without prior notice. This is known as “at-will employment.”
However, as with most rules, there are important exceptions. When an employer violates your legal rights during termination, you may have grounds for a wrongful termination claim.
What Are Acceptable Reasons for Termination?
Even though employers are not required to provide a reason, there are commonly accepted grounds for firing an employee. These include:
- Habitual lateness or absenteeism
- Failing to perform the duties outlined in your job description
- Poor performance or consistently subpar work
- Violating company policies
- Harassment or inappropriate behavior toward coworkers
- Engaging in illegal activity while at work
- Job elimination due to restructuring or downsizing
What Are Unacceptable Reasons for Termination?
In New Jersey, like many states, employment is generally at-will, meaning that either the employee or employer can end the employment relationship at any time for any reason—or even no reason at all.
However, employers cannot violate state or federal laws, including the New Jersey Law Against Discrimination (NJLAD). Under the NJLAD, employees cannot be terminated, demoted, or otherwise discriminated against based on:
- Sex or gender identity
- Race or national origin
- Religion
- Age
- Pregnancy
- Disability
Additionally, employees are protected from termination for:
- Reporting illegal or unsafe activity (whistleblowing)
- Refusing to perform unsafe work
- Filing a Workers’ Compensation claim
- Requesting leave under the Family and Medical Leave Act (FMLA)
Employees with written or verbal contracts may also have additional protections. If a contract outlines a term of employment or implies job security, it may strengthen a wrongful termination claim. Written contracts are usually easier to enforce, but verbal agreements may still be valid with proper documentation and legal guidance.
How Do I Prove Wrongful Termination?
Proving wrongful termination can be challenging, but it is possible. Key steps include:
- Document everything. Keep records of meetings, emails, performance reviews, company policies, and witness statements that support your claim.
- Know where to file your claim. Depending on your situation, you may need to file with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (NJDCR).
- Act promptly. The statute of limitations varies by agency. For example, under the NJ LAD, you typically have two years from the date of termination to file a claim.
Navigating these rules can be complex, but a qualified employment lawyer can help ensure your rights are protected and guide you through the filing process.
Contact a South Jersey Wrongful Termination Lawyer at The Law Offices of Leo B. Dubler, III, LLC
If you’re unsure whether your termination was lawful, a South Jersey wrongful termination lawyer at The Law Offices of Leo B. Dubler, III, LLC can review your situation. Call 856-235-7075 or submit our online form to schedule a free consultation. We are located in Mount Laurel and Atlantic City, New Jersey.