Your employer has the right to terminate you when you are an at-will employee under many circumstances, and they can also end your employment if you have violated a contract. However, your employer does not have an unlimited right to terminate you because it must be in accordance with the law. You are protected from wrongful termination when you are a member of a protected class or you have engaged in an activity that is allowed by the law. An experienced wrongful termination lawyer can help you get justice from your employer if you have been illegally forced from your job or let go from it.
What Is Wrongful Termination?
Wrongful termination describes the situation in which you lose your job as a result of Illegal conduct on the part of your employer. You could be outright fired, laid off, or put under circumstances that are so severe that you feel that you have no choice but to quit. Wrongful termination can arise in a number of fact patterns, including the following:
- Workplace discrimination
- Violation of your employment contract
- Whistleblower retaliation
- Retaliation when you have engaged in another type of protected activity
New Jersey Law Provides You with a Number of Protections
In addition to federal law that prohibits wrongful termination under certain circumstances, New Jersey has its own statutes that provide protections to employees. In some instances, the state law is even more favorable to you than the federal statutes.
The New Jersey Law Against Discrimination (NJLAD) prohibits wrongful termination when you are a member of a protected class. The law gives a broad range of protected classes that must be free from discrimination in employment decisions, including the following:
- Race
- Religion
- National origin
- Sex/gender
- Pregnancy
- Familial status
- Marital status
- Domestic partnership or civil union status
- Sexual orientation
- Disability
- Age
To be clear, your employer still has the right to terminate you under many circumstances. However, their decision cannot be based on your membership in one of the above-listed protected classes. They must provide you with similar treatment to that they would give to other employees who are not members of your protected class.
How to Enforce Your Protections Against Wrongful Termination
The main protection that you have under the law is the ability to file a lawsuit for wrongful termination. If you can prove that losing your job, or being forced to quit under difficult circumstances, was the result of your membership in a protected class, you may be entitled to financial compensation. This is actually a very important tool that you can use to get justice and accountability from your former employer.
When you file a wrongful termination lawsuit, you are typically seeking damages from your employer that represent both the money that you lost and any non-economic damages that you have suffered. Some terminated employees may seek reinstatement to their job, but courts often hesitate to order injunctive relief when they can more easily mandate that your employer pay you compensation. If you win your lawsuit, you may be entitled to the following:
- Back pay
- Damage to your future earnings potential
- Emotional distress
- Medical expenses to treat any physical or mental health condition resulting from your termination
- Potential punitive damages for egregious employer conduct
- Attorney’s fees
If you are currently in a difficult situation at your job, the most important thing that you can do is to understand your legal rights and protections. Another crucial thing that you must do is to document your case and retain any evidence that could be used to prove wrongful termination in a lawsuit. If you have already lost your job, speaking to a wrongful termination attorney is the most important step towards vindicating your rights under the law.
South Jersey Wrongful Termination Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Help You Fight Back
When your employer has broken the law, you can fight back by hiring the South Jersey wrongful termination lawyers at The Law Offices of Leo B. Dubler, III, LLC. Schedule a free initial consultation with a wrongful termination employee by filling out an online contact form or by calling us today at 856-235-7075. We have offices in Mount Laurel, Atlantic City, New Jersey, and we proudly serve clients in the surrounding areas.