Getting fired is often a traumatic experience, more so if you feel you were wrongfully terminated. Although New Jersey follows the concept of “employment at will,” this does not mean that employers have free rein to fire any employee as they wish. What you do in the days and weeks after a firing can make all the difference in whether your wrongful termination claim succeeds. By taking deliberate steps to preserve evidence, clarify the reason for your termination, and get legal guidance, you can position yourself for a strong case.
What Makes a Firing “Wrongful?”
Not every unfair or abrupt firing is legally wrongful. A termination typically becomes wrongful when it violates:
- Anti-discrimination laws (for example, being fired because of race, gender, age, disability, pregnancy, or religion).
- Retaliation protections, such as being fired after reporting harassment, safety issues, wage violations, or other unlawful practices.
- Whistleblower laws that protect employees who report fraud or illegal conduct.
- Contract rights, including written employment contracts or clear promises of job security.
- Public policy, such as termination for refusing to engage in illegal acts.
In New Jersey’s at-will employment system, employers can usually terminate employees for many reasons or no stated reason, but they still cannot fire someone for illegal reasons or in violation of a contract.
What Are the Three Steps to Proving Wrongful Termination?
1. Prima facie: You must establish a case that:
- You are in a protected class or engaged in protected activity (such as filing a complaint or taking protected leave).
- You suffered an adverse action such as termination, demotion, or forced resignation.
- There is a causal connection between your protected status or activity and the firing, for example, close timing between a complaint and your termination.
2. Employer’s response: Your employer must now provide a legitimate and non-discriminatory reason for your termination.
3. Demonstrating pretext: Now you must provide evidence that the employer’s reason is only a pretext for termination and show that they had another motive for your firing. To do this, you will need solid documentation.
What Evidence Do I Need to Prove Wrongful Termination?
The following types of documents could be key evidence for a strong wrongful termination case:
- Employment-related documents: offer letters, contracts, noncompete or severance agreements, and any written promises of job security.
- Company policies: employee handbooks, disciplinary procedures, and anti-discrimination policies that may not have been followed.
- Performance records: prior performance reviews, commendations, awards, or emails praising your work, especially if the employer now claims poor performance.
- Communications: emails, texts, internal messages, and meeting notes showing discriminatory remarks, retaliatory comments, or shifting explanations.
- Termination paperwork: termination letters, exit memos, or notes about what was said in your final meeting.
Witnesses can also be powerful: co-workers, supervisors, or others who observed unfair treatment, biased comments, or changes in how you were treated after a complaint can support your version of events.
What Else Can Help Strengthen My Case?
Patterns and timing often reveal what an employer will not admit out loud. To strengthen your case:
- Create a timeline of key events, including complaints you made, leaves you took, performance reviews, and the date of your termination.
- Note any sudden negative treatment after protected activity, such as being written up, reassigned, or isolated, soon after you reported misconduct.
- Document the financial and emotional impact: lost wages and benefits, job searches, medical treatment for stress or anxiety, and how the termination has affected your daily life.
This information helps your attorney connect the dots between your protected activity and the adverse action, and also supports claims for back pay, front pay, and emotional distress damages.
South Jersey Employment Lawyers at the Law Offices of Leo B. Dubler, III, LLC, Are Ready to Help With Your Wrongful Termination Case
If you believe you were wrongfully terminated, you do not have to face the situation alone. The South Jersey employment lawyers at the Law Offices of Leo B. Dubler, III, LLC, are ready to help you. You can schedule a free initial consultation with an employment attorney by filling out an online contact form 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.