- 26 February 2021
Do I Have to Accept the Employer’s Reason for My Firing?
Everyone deserves to be treated with dignity and respect in the workplace. If you work hard and play by the rules, you should be adequately compensated and have a fair shot at advancement. Although there is no guarantee that you will be promoted to the level and at the speed that you wish and your employer has the right to fire you at any time for nearly any reason, there are limits to this power. If you believe that you have been wrongfully terminated, then you should hire an employment lawyer New Jersey and build up a wrongful termination lawsuit.
You do not have to accept your employer’s reasons for firing you. There are legal remedies to wrongful termination NJ and wrongful termination lawyers contingency can provide you with the counsel to pursue them.
Types of Wrongful Termination
To determine whether you have a sound basis for a wrongful termination suit, your lawyer will need to assess the circumstances and conditions of your employment. Here are some of the bases for a wrongful termination lawsuit:
1. Broken promises
If you have a written contract that guarantees you job security, you can make the argument that you are not an at-will employee. The contract must state explicitly that you were guaranteed work for a certain period of time.
You can also sue on the basis of a broken implied promise. The latter is much harder to prove than a written promise, but the court will take into account the following factors when determining whether there was an implied promise of continued work and job security:
- The duration of your employment
- The regularity of job promotions
- The positive performance reviews
- The witnesses who state that you were guaranteed continued employment
It is illegal for an employer to fire someone because of their race, gender, religion, national origin, age, or sexuality. This type of discrimination is barred by federal and state law. If you suspect that you have been fired for being a member of a protected class, then you will need to file a complaint to the Equal Employment Opportunity Commission (EEOC). If their investigation concludes that you were unfairly discriminated against, you will be able to sue your employer.
Your employer cannot fire you for filing an EEOC complaint against them. Nor can they fire you for reporting sexual harassment, fraud, or abuse. All of these are legally protected activities.
Spreading lies and untruths about you is a form of retaliation. It is illegal. Your employer is barred from circulating malicious or defamatory statements about you and then firing you on that basis. You can sue for defamation if you can show that your employer:
- Made a false statement about you
- Made the statement with reckless disregard for the truth
- Harmed you by distributing the statement widely
4. Whistle-blowing violations
If you have acted as a whistle-blower, then you are protected by law. It is your right to report activities that are unlawful or that harm the public interest. If you have engaged in this activity and have been fired because of it, you can sue your employer. The remedies can include reinstatement and compensation.
Fighting for Your Job If you have done good work, you should be given every chance to keep your job. If you have been fired, you need not accept the action. Wrongful termination lawyers NJ have extensive expertise and experience with such cases. They can help you get the justice that you deserve. No employer gets to fire a worker because of their bigotry or the inconvenience of being reported for wrongdoing. If this has happened to you, then you should speak to the employment lawyers New Jersey at the law firm of Ashton E. Thomas.