Wrongful Termination Attorney in New Jersey

Fighting For Victims Of Wrongful Termination In New Jersey

When an employer fires an employee for an illegal reason, it is called wrongful termination. When this happens, it is important to reach out to a New Jersey wrongful termination lawyer as soon as possible. If you have been released from your job unlawfully, you may be able to take legal action against your former employer.

Generally, this happens when you are fired for participating in a protected workplace activity. You will need to prove that the firing was illegal and that you suffered damages because of it. Contact our NJ wrongful termination attorney from The Law Firm of Morgan Rooks, P.C. to discuss your case.

Knowing more about the complexities of wrongful termination is important as it involves various legal frameworks and protections. It is not merely about being let go from a position; it involves specific legal violations such as breaches of employment contract and of state or federal employment laws. It's essential to act quickly, not only to meet legal deadlines but to ensure the preservation of evidence and witness testimonies that may be critical to your claim.

Discover more insights with a complimentary initial consultation. Reach out to us online or dial (856) 746-6332 to connect with our wrongful termination lawyers in New Jersey.

What Are Common Causes of Wrongful Termination?

In New Jersey, common causes of wrongful termination cases often revolve around two primary factors: discrimination and retaliation.

Terminations rooted in discrimination take place when an employer dismisses a staff member on the grounds of their race, gender, religion, age, disability, sexual orientation, or other safeguarded traits. Both federal and state laws in New Jersey classify such terminations as unlawful.

Terminations caused by retaliation arise when an employer fires a worker due to the worker exercising their rights, such as reporting instances of harassment, engaging in an investigation, or lodging a complaint about the conditions of the workplace. The laws in New Jersey shield workers from termination as a form of punitive action.

Another common cause is the violation of public policy, which involves firing an employee for refusing to participate in illegal activities or for reporting such activities (whistleblowing).

Lastly, if an employer doesn't follow the terms outlined in an employment contract or violates the company's own termination procedures, it can also be grounds for a wrongful termination case. It's important to note that at-will employment states like New Jersey provide employers with broad discretion in employment decisions, but this does not extend to protected categories or activities under these laws.

Wrongful termination cases can also arise from more nuanced scenarios, such as constructive discharge, where an employee is forced to resign due to an intolerable work environment created by the employer. Such conditions could involve severe harassment or forcing an employee to perform illegal acts. Recognizing the broader context of these claims can better equip employees to recognize when their dismissal may be subject to legal scrutiny.

How Can a Person Prove They Were Fired Illegally?

To prove wrongful termination, one must essentially establish that the firing breached a fundamental employment law or contract. Here are some steps to consider:

• Document Everything: Keep a record of all conversations, actions, and incidents that led to your termination. Emails, memos, performance reviews, or any other form of correspondence can serve as evidence.
• Identify Violations: Determine if your termination violated federal or state laws. These could include anti-discrimination laws, whistleblower protections, or laws against retaliation.
• Employment Agreements: If your firing violated the stipulations of your employment agreement, it might form the basis for a wrongful termination claim.
• Organizational Rules: If your employer failed to adhere to their own set discharge protocols as indicated in the staff handbook, this could bolster your case.
• Witness Statements: Colleague testimonies corroborating your claim can be very useful.
• Legal Assistance: Engage an employment attorney to guide you through the process. They can help identify if you have a case and how best to present your evidence.

It is also invaluable to gather as much documentation as possible immediately following any incidents leading to your termination. Making a concerted effort to note dates, times, and content of critical communications can further support your narrative. This thorough record-keeping is vital, as it can serve to demonstrate consistency and reliability in your claims of wrongful termination.

Additionally, understanding the procedural aspects is critical. Familiarize yourself with the complaint filing process with the appropriate state or federal agencies, such as the EEOC or NJDCR, which can offer additional pathways for remedy while supporting the collection of evidence for your claim.

What to Consider Before Suing for Wrongful Termination

Before deciding to sue for wrongful termination, an employee should consider several important factors:

• Evidence of Wrongdoing: The first thing to consider is whether there is tangible evidence of wrongful conduct by the employer. This could be in the form of emails, texts, performance reviews, or eyewitness accounts that suggest unfair treatment or discrimination.
• Employment Contract: If there was an employment contract involved, it's crucial to review the terms of this contract. It may contain clauses about termination procedures that could potentially support a wrongful termination claim.
• Financial Considerations: Litigation can be costly. Employees should assess their financial resources and consider whether they can afford the legal fees involved. It's also important to consider potential compensation - is it likely to cover the costs of the lawsuit?
• Emotional Toll: Lawsuits can consume a significant amount of time and emotional energy. The stress involved in a legal battle should not be underestimated.
• Legal Advice: Lastly, it is imperative that you get legal advice from skilled wrongful termination lawyers in NJ. A labor law specialist can offer advice on the case's viability, possible losses, and the procedure as a whole.

Employees should also contemplate the potential impact on their professional reputation and future career opportunities. While lawsuits can serve as a powerful mechanism for change and compensation, they can also lead to publicity that might affect employability. Assess whether the potential benefits outweigh these potential downsides.

Consider conducting a cost-benefit analysis with your legal counsel to better understand the expected outcomes against the investment in time and resources. This can include exploring alternative resolutions like mediation or arbitration, which may offer more immediate relief without the prolonged demands of court proceedings.

What Damages Could Be Recovered in a Wrongful Termination Claim?

Compensation in a wrongful termination claim is designed to help you recover financially and emotionally from the effect of your dismissal. 

Potential damages that may be recoverable include:

• Lost Wages: You could be eligible to recover lost wages from your termination through the resolution of your case. This includes both past and future wages if your wrongful termination affects future earnings potential.
• Back Pay and Benefits: This includes the wages, bonuses, and benefits (such as healthcare, retirement contributions, etc.) you would have earned if the wrongful termination had not occurred.
• Emotional Distress Damages: Wrongful termination often has a significant emotional toll. If your termination led to mental anguish, depression, or anxiety, compensation may be available to address the suffering caused by your employer’s actions.
• Punitive Damages: In cases where the employer’s actions were particularly egregious or malicious, the court could grant punitive damages to prevent similar behavior in the future.
• Attorney’s Fees and Legal Costs: Many employment laws allow for the recovery of legal costs, including attorney’s fees, as part of a successful claim. This ensures you don’t bear the financial burden of seeking justice.

It is also possible to claim damages for the loss of job search resources spent in trying to find new employment. Additionally, if the wrongful termination affects your eligibility for unemployment benefits, you might seek compensation to cover this loss.

Being aware of the full spectrum of potential damages can empower you in negotiation or litigation processes. By comprehensively understanding what you may be entitled to recover, you can better strategize with your attorney to maximize compensation under applicable laws.

For trusted legal guidance, reach out to a knowledgeable unlawful termination lawyer in New Jersey at The Law Firm of Morgan Rooks, P.C.. Call (856) 746-6332 or contact us to schedule your free consultation.