Anti-discrimination laws protect you in all aspects of the employment process, whether it is in hiring decisions, the conditions of your employment, or any decision to end your job that an employer may make. Even when you are at at-will employee, you may still not be wrongfully terminated from your employment. When you are the victim of wrongful termination, you can file a lawsuit against your employer seeking compensation. You may be entitled to a substantial amount of money based on both the economic and non-economic losses that you have suffered.
You Have Protections Based on Your Membership in a Certain Class
If you are a member of a protected class, you cannot be wrongfully terminated from your job. Both federal and New Jersey laws prohibit discrimination on the basis of your membership in a protected class. These classes may include the following:
- Race and color
- National origin
- Sex and gender
- Age
- Disability
- Religion
- Genetic information
- Citizenship or immigration status
Just because you are a member of a protected class, that does not mean that any termination is automatically wrongful in itself. You must have the evidence that demonstrate the “wrongful” aspect of the termination.
Situations in Which a Termination May Be Wrongful
Wrongful termination can cover a number of factual situations. The common denominator in all of these is that you are in some way out of a job in a manner that violates the law. Wrongful termination can cover layoffs or instances in which your employer is telling you that you were dismissed for cause. It can also encompass breaches of your employment contract or any action to force you out of a job or fire you because you reported wrongful conduct and experienced retaliation.
Is Constructive Termination Wrongful?
Your employer does not actually have to outright fire you from your job for your case to qualify as a wrongful termination. There are various ways that your employer can engage in constructive termination. They can make your job conditions so difficult and unpleasant, creating a hostile work environment, that you may feel like you have no choice but to quit. When you have been wrongfully forced out of your job, you can still file a lawsuit, even if you were the one who made the decision on your own to leave.
What Evidence Proves Wrongful Termination in South Jersey?
The reality is that your case for wrongful termination is not going to be as easy as uncovering direct evidence of what happened and receiving compensation for it. An employer is a rational business actor, even when they are breaking the law. Your employer is never going to reveal the true reason for your termination because they know that they will be sued for it. Accordingly, what could on the surface look like a legal and appropriate termination may still be wrongful. It is up to you to gather and uncover circumstantial evidence that could be used to strengthen your case because direct proof is likely not going to be available.
Circumstantial Evidence in Wrongful Termination Cases
Although you will not always have the direct evidence of wrongful termination, you may be able to rely upon a number of sources of proof If you take your case to court. Circumstantial evidence of wrongful termination can include the following:
- The proximity and timing of your termination to when you engaged in a protected activity, such as reporting misconduct
- Patterns of termination and treatment of other members of the same protected class that you are in
- Differences in how you were treated versus what happened to those who are outside of your protected class
- Hostile comments or patterns in the way that you have been treated on the job before you were terminated
South Jersey Wrongful Termination Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Will Help You Take Action
If you believe that you were improperly let go from your employment, or forced from it, whether it is due to reporting misconduct or any other reason, speak to the South Jersey wrongful termination lawyers at The Law Offices of Leo B. Dubler, III, LLC. We can advise you of your legal rights and help you take action if they were violated. We offer free consultations to prospective clients, and you can schedule one by messaging us online or by calling us today at 856-235-7075. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in the surrounding areas.