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Wrongful Termination In New Jersey
Losing your job is distressing enough. Losing your job under illegal or prohibited circumstances is not only morally reprehensible, but it also has devastating consequences for both your professional and personal life. Wrongful termination laws protect New Jersey workers from being fired under certain conditions. These conditions are particular, and not everyone who gets fired can pursue legal action, so consulting an attorney is your first step in understanding your rights.
The New Jersey wrongful termination lawyers at Aiello Harris Abate, Law Group PC want everyone in New Jersey to work in fair and equal environments. When your fundamental employment rights have been violated, we give you a voice to stand up for yourself.
What is wrongful termination in New Jersey?
As an “at-will” employment state, you may be terminated from your job for any reason whatsoever, with some notable exceptions. However, if you are not one of those exceptions, your employer is allowed to fire you for a seemingly benign reason or for no reason at all.
Different rules apply to union members, public workers, and civil servants versus those working in the private sector or non-union members. For example, if you are a member of a union and your termination violates your union contract, you can ask your union to file a grievance on your behalf. However, you won’t be able to file a grievance on your behalf.
Our employment lawyers at Aiello, Harris, Abate, Law Group PC can answer all your questions about whether you qualify for a wrongful discharge lawsuit.
Conditions under which you can file a wrongful discharge claim
Simply because New Jersey is an at-will employment state does not necessarily preclude you from filing a wrongful termination lawsuit. There are generally four conditions under which you can file a wrongful discharge claim: discrimination, retaliation, violation of public policy, or breach of contract.
Discrimination
The New Jersey Law Against Discrimination (NJLAD) prohibits wrongful termination when it is motivated by discrimination based on race, sex, sexual orientation, perceived sexual orientation, disability, perceived disability, ethnicity, national origin, age, military status, familial status, religion, creed, pregnancy, gender identity, gender expression, or cellular blood trait.
Whistleblower Retaliation
The New Jersey Conscientious Employee Protection Act (CEPA), New Jersey’s “whistleblower” statute, protects employees from termination due to participating in whistleblowing activities. These activities include exposing fraudulent conduct within your organization, refusing to participate in fraudulent or illegal acts, or becoming involved in a fraud investigation or court case.
Violation of public policy
The Pierce doctrine, also known as the “Wrongful Discharge in Violation of Public Policy doctrine,” is a court decision that protects employees from being terminated for participating in conduct consistent with public policy.
Such examples include being fired for:
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- Taking jury duty
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- Complaining about violations of your rights under New Jersey labor laws
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- Filing a workers’ compensation claim
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- Engaging in protected free speech
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- Taking protected leave under the Family and Medical Leave Act (FMLA)
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- Taking protected military leave
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- Participating in other acts consistent with NJ public policy
Breach of contract
You are not an “at-will” employee if you signed an employment contract stating that you can only be fired for good reason or under specific conditions. If you were terminated against the terms of your employment contract, you may be able to file a breach of contract suit.
Contact us today
Aiello, Harris, Abate, Law Group PC: Our New Jersey employment law firm represents you in any employment law matter you may encounter. We have experience on both sides of employment law cases, giving us a unique advantage over the other party. Contact us to set up a no-cost, no-obligation consultation.
Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
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