WRONGFUL TERMINATION
Federal and state laws protect employees from being fired for a variety of reasons. Taken collectively, they form the many possible grounds for a "wrongful termination" or "wrongful discharge" lawsuit.
Discriminatory firing based upon the "protected characteristic" of an employee is prohibited. Some examples of protected characteristics are: race, national origin, age, gender, sexual orientation and disability. It is important to note that different states recognize different sets of protected characteristics.
Firing an employee in retaliation for filing a complaint of discrimination or supporting another employee's complaint of discrimination is prohibited. Likewise, firing an employee in retaliation for refusing to participate in or exposing wrongful conduct of her employer is prohibited. In these situations, a victim of retaliation may be able to sue for damages, including lost wages, emotional distress damages and punitive damages.
Other illegal reasons for firing an employee include the employee's exercise of his medical leave rights (FMLA or NJFLA) and his absence from the job for a period of active military service.
While it is often said that New Jersey and New York employees are "at will" and can be dismissed for any reason or no reason at all, there are many "exceptions" to the at will doctrine. To discuss whether the exceptions may apply to your particular case, you should consult with an attorney who concentrates in employment law.
This website is intended for information purposes only. Nothing herein should be considered legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship.Whether you're janitor, a teacher, a C-level executive, whether you trace your roots back to George Washington or you're a recent immigrant, whether you're devoutly religious, gay, lesbian or transgendered, young in age, or just young at heart - you deserve to be free of employment discrimination, sexual harassment, wrongful discharge, illegal firing and all other unfair labor practices. Workers have rights on the job! I am an employment law attorney who helps whistleblowers, employees who have been discriminated against, those who have experienced unjust retaliation and many other employees get the justice they deserve. Unfortunately, some employers still discriminate against, harass, unlawfully terminate and subject employees to a hostile work environment based on disability, pregnancy, age, race, national original, religion, sexual orientation, exercising FMLA rights, failure to pay overtime and standing up for what is right. Fortunately, federal and state laws protect people against violations of these civil rights. Contact an employment lawyer to learn more.
Through use of the latest in legal technology, I represent victims of unfair employment practices in all counties in New Jersey, including Essex County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Union County, and Warren County, and the towns and cities of Bridgewater, Camden, Elizabeth, Flemington, Irvington, Jersey City, Lawrenceville, Milford, Newark, New Brunswick, Paterson, Princeton, Somerville, Stockton, Trenton and many others.
