Wrongful Termination Attorneys
In New Jersey, companies have broad discretion to make their own personnel decisions. An employer can hire and fire a worker at almost any time and for almost any reason. That being said, New Jersey employers are prohibited from firing workers for an unlawful motivation, even if it is not the sole motivation. If an employee in New Jersey was discharged for a discriminatory or retaliatory reason, it would be considered a wrongful termination and it would therefore be illegal.
At Console Mattiacci Law, LLC, our New Jersey wrongful termination attorneys advocate for the rights of workers. We help those who face wrongful termination get justice and full compensation for their damages. If you face a wrongful discharge in New Jersey, please do not hesitate to contact our law firm for a fully private case evaluation.
Types of Wrongful Termination
There are several state and federal laws that protect workers. New Jersey workers can exercise their rights under these laws without fear of facing discrimination or retaliation. Some examples include Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the federal Family Medical Leave Act (FMLA), the New Jersey Law Against Discrimination (LAD), the New Jersey Family Leave Act, and the New Jersey Conscientious Employee Protection Act. Typically, a wrongful termination lawsuit arises because an employer is alleged to have violated one or more of the aforementioned acts. As a result, the most common types of wrongful termination cases are as follows:
● Discrimination-Based Termination: In the U.S., it is illegal to discriminate against a person based on a number of factors, many of which are outlined in both federal and state laws. Some such factors include sex, color, race, age, religion, national origin, disability, pregnancy, or sexual orientation.
● Discharge in Violation of Contract: Some terminations are illegal simply they are in violation or in breach of contract. For instance, say an employer recruits a top executive and promises them guaranteed employment until retirement. The employment contract outlines specific actions that may warrant termination. The executive commits no such actions but is let go anyway. Their termination would be considered a breach of contract and therefore wrongful and illegal.
● Termination in Retaliation: If an employee reports a wrongdoing committed by the employer and that employee is fired afterwards, they may have a whistleblower claim or other retaliation. If a woman requests maternity leave and is let go or harassed as a result, she may have a retaliation claim. An employee cannot get fired or harassed or otherwise treated differently because they exercised their rights under state or federal law.
● Termination in Violation of Public Policy: If an employer terminates an employee in violation of a clear mandate of public policy, that termination is wrongful and unlawful under New Jersey law. This includes firing an employee for objecting to illegal corporate conduct, or for refusing to engage in illegal conduct.
Public Policy Violation in Wrongful Discharge Cases
New Jersey is one of the states that has a public policy exception. Under this exception, a New Jersey employee may have a wrongful termination claim if they are fired because they refused to perform a task that is in violation of a clearly mandated public policy. As these are highly fact-specific claims, it is imperative that affected workers consult with a skilled employment lawyer.
Console Mattiacci Law, LLC ǀ New Jersey Wrongful Termination Lawyers
At Console Mattiacci Law, LLC, our team of New Jersey employment lawyers are committed to providing top legal representation to workers throughout the state. If you or a loved one was the victim of a wrongful termination in New Jersey, please do not hesitate to contact us today at 215-545-7676 to set up a fully private consultation.