Key Takeaways
- Employers rarely admit an illegal motive, so their stated reason may be a pretext.
- Most wrongful termination cases rely on circumstantial evidence.
- A firing soon after a complaint can point to retaliation.
- Employers often defend these cases by attacking the worker’s performance.
A worker who believes a firing was illegal should first pin down the employer’s stated reason, then preserve evidence that challenges it. From there, an employment lawyer can decide where to file. New Jersey workers may sue directly in Superior Court, whereas federal claims usually begin with the Equal Employment Opportunity Commission (EEOC). Hiring a wrongful termination lawyer is a must if you want any chance of a successful outcome in your case. Here is what you should do if you have been a victim of wrongful termination.
Understand the Reason for Your Termination
What the employer gives you as the reason for your termination may not match the reality of your situation. An employer will never tell you the true reason for an illegal termination because it would expose them to liability. Nevertheless, you need to know exactly what your employer is saying so that you can be prepared to refute it in court.
Retain and Gather Evidence
The strongest way to prove wrongful termination is through direct evidence that contradicts the justification that your employer has given. It is somewhat rare that you will have this direct evidence, unless your employer was extremely careless. More likely, you are using circumstantial evidence to prove your case, which is allowed in an employment lawsuit. You may have evidence in your possession, along with other proof that you can gather with the help of a lawyer that can help your case. This proof can include:
- Termination letter: Shows the reason the employer gave
- Performance reviews: Strong reviews can undercut claims of poor work
- Prior complaints: Records showing the worker reported discrimination or safety concerns
- Comparator evidence: Proof that similar coworkers were treated more favorably
- Witness statements: Coworkers who heard biased remarks or saw unfair treatment
- Timing: A firing soon after a complaint can suggest retaliation
Hire an Employment Lawyer
A wrongful termination lawsuit can be a difficult case that has multiple stages in the legal process. Employers often fight these cases with everything that they have to minimize their own liability. However, employers are also sensitive to lawsuits and the resulting negative publicity. It is rare that your employer will even listen to you, and they will certainly not pay you compensation if you try to handle your case on your own.
An employment lawyer can begin your case by helping gather the evidence that you need to file a compelling complaint. They can advocate for you throughout the legal process, including when you file a complaint with the Equal Employment Opportunity Commission or a lawsuit in court.
Take Legal Action Against Your Employer
Where you sue for wrongful termination depends on which law applies to your case. If you are filing a claim under the New Jersey Law Against Discrimination, you can begin your case directly in Superior Court. If you are filing under a federal law, such as the Civil Rights Act, you must start the legal process by filing a claim with the Equal Employment Opportunity Commission. If the EEOC does not accept your case or reach a resolution on your behalf, you are free to go to federal court. Just know that wrongful termination lawsuits can be extremely contentious, and your employer will try to make you and your performance the issue in an attempt to defend themselves.
South Jersey Wrongful Termination Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Can Take the Fight to Your Employer
If you believe that your employer has broken the law, speak to the South Jersey wrongful termination lawyers at The Law Offices of Leo B. Dubler, III, LLC. Our experienced legal team is ready to discuss your case and fight to protect your rights. Contact us online or call us at 856-235-7075. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in the surrounding areas.