Most American workers are surprised to learn how little job security the law actually guarantees them. In New Jersey, employment is “at will,” meaning an employer can terminate a worker at any time, for almost any reason, with no notice required. However, at-will employment has limits, and understanding those limits matters. Certain firings are still illegal, regardless of at-will status. If you have been the victim of a wrongful termination, a New Jersey employment lawyer can represent you as you seek compensation.
At-Will vs. Contractual Employee
There are two primary types of employment in New Jersey:
- Some employees will have contracts with their employer that give them the right to employment, so long as they follow the terms of the contract.
- Most employees are considered to be at will, meaning that they do not have job protections, and an employer can fire or let them go under most circumstances.
Unless you have an employment contract, you are presumed to be an at-will employee. When you are an employee, your employer can terminate you for almost any reason. Whether it is a layoff, performance-related reasons, or any other explanation of why your employer wants to let you go, it is legal for you to be terminated. Even though your termination may have seemed arbitrary, and you think that you may not have deserved it, there is a good chance that what your employer did is completely legal.
Employers Are Always Subject to the Law
At-will employment does not give your employer a blank check to do whatever they want. They are still subject to state and federal employment discrimination laws. You cannot be wrongfully terminated from your job based on discriminatory reasons. Here, wrongful termination can include the following:
- Firing you because you made a complaint with HR about being subjected to harassment
- Target you for termination because you are a member of a protected class
- Terminate you because you have come forward to file a complaint as a whistleblower
- Letting you go because you have taken time off under the Family and Medical Leave Act, or you have attempted to avail yourself of these rights
- Firing you in clear violation of a mandate of public policy
You do not have to be actually let go from your job to be a victim of wrongful termination. Your employer can make your life so difficult at work, whether it is through harassment or other nefarious means, that you feel like you have no choice but to quit. Then, you may be able to claim constructive termination. Your decision to leave your job must be what a reasonable person would have done under the circumstances. In other words, the difficulties must be significant and those that would make things far more untenable for the average person.
Your Rights as an At-Will Employee
Further, even though your job may not be protected by a contract, you still have rights as an at-will employee. These rights can include:
- Wage and hour protections against illegal payment practices
- The right to come forward as a whistleblower
- Protections under the employee handbook or any other written agreement that you have with your employer that is something other than an employment contract
- Safeguards that keep you from being retaliated against for engaging in protected activity
New Jersey has somewhat broader protections against wrongful termination than those that exist in other states. The state has strong employee-friendly laws that could mean that your termination was wrongful in practice. In that event, you may be able to file a lawsuit against your employer for wrongful termination that could lead to significant financial compensation.
South Jersey Wrongful Termination Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Will Protect Your Rights
If you believe that you have been wrongfully let go from your job, reach out to the South Jersey wrongful termination lawyers at The Law Offices of Leo B. Dubler, III, LLC. We can examine the circumstances of your termination to help determine whether it was wrongful. You can schedule a free initial consultation with our office 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.