Losing a job is difficult, but when the termination is unlawful, it becomes a matter of justice. Wrongful termination occurs when an employer violates state or federal laws or breaches an employment contract in firing an employee. Understanding what constitutes wrongful termination and knowing your rights can help you take the necessary steps to seek justice.
What Is Wrongful Termination?
Wrongful termination refers to situations where an employee is fired for illegal reasons. Common examples include:
- Discrimination: Termination based on race, gender, age, religion, disability, or other protected characteristics.
- Retaliation: Firing an employee for reporting workplace violations, such as harassment, discrimination, or safety issues.
- Violation of Public Policy: Termination for refusing to engage in illegal activities, exercising legal rights (e.g., voting), or whistleblowing.
- Breach of Contract: Firing an employee in violation of the terms outlined in an employment agreement.
- Protected Leave: Termination for taking family or medical leave under laws like the FMLA.
Your Legal Protections Against Wrongful Termination
Employees are protected from wrongful termination under several federal and state laws, including:
- Title VII of the Civil Rights Act: Prohibits termination based on race, color, religion, sex, or national origin.
- Americans with Disabilities Act (ADA): Safeguards employees with disabilities from discriminatory termination.
- Age Discrimination in Employment Act (ADEA): Protects employees aged 40 and older from age-based discrimination and termination.
- Family and Medical Leave Act (FMLA): Prevents employers from firing employees for taking qualified family or medical leave.
- New Jersey Law Against Discrimination (LAD): Offers comprehensive protections against wrongful termination for employees in New Jersey.
- Conscientious Employee Protection Act (CEPA): Shields New Jersey whistleblowers from retaliation or termination for reporting illegal practices.
These laws provide a framework for addressing wrongful termination and seeking remedies such as reinstatement, back pay, or damages.
Signs You May Have Been Wrongfully Terminated
While not every termination is unlawful, certain signs may indicate wrongful termination. These include:
- Being fired shortly after reporting workplace violations or harassment.
- Termination without explanation or for reasons that seem pretextual.
- Firing accompanied by discriminatory remarks or behavior.
- Denial of severance pay or benefits outlined in an employment agreement.
If you suspect your termination was unlawful, gather evidence and seek legal advice.
Steps to Take If You’ve Been Wrongfully Terminated
If you believe you’ve been wrongfully terminated, take the following steps to protect your rights:
- Document the Termination: Keep records of your termination notice, employment agreement, and any relevant communications.
- Gather Evidence: Collect documentation such as performance reviews, emails, and witness statements that support your claim.
- File a Complaint Internally: Report the issue to your HR department or company leadership, if appropriate.
- File a Legal Complaint: Submit a claim to the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights, depending on the nature of the violation.
- Consult an Employment Lawyer: An attorney can evaluate your case, guide you through the legal process, and represent you in pursuing compensation or reinstatement.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC has extensive experience advocating for employees who have been wrongfully terminated. Our attorneys can:
- Assess your case to determine if your termination violated state or federal laws.
- Help you file complaints with the appropriate agencies or pursue legal action.
- Negotiate settlements to recover lost wages, benefits, and damages for emotional distress.
- Represent you in court to hold your employer accountable for their actions.
We are committed to protecting employees’ rights and ensuring justice is served in cases of wrongful termination.
Seek Justice for Wrongful Termination
If you’ve been wrongfully terminated, don’t wait to take action. Contact
Castronovo & McKinney, Wrongful Termination Attorneys today for a consultation. Let us help you fight for your rights and pursue the justice you deserve.
