Unfair Dismissal: How Does It Apply to Me as an Employee?

Unfair dismissal is a process that can be used by employees who feel they have been wrongfully terminated from their job. If you have been unjustly fired from your job, you may be able to file a claim starting from understanding unfair dismissal and how it applies to you as an employee.  That said, a New Jersey wrongful termination attorney can help you in many aspects of the legal process, which include giving you wrongful termination legal advice and guidance.

Unfair Dismissal in New Jersey

In an at-will employment state, an employee can be dismissed by an employer for any reason and without warning. However, there are certain circumstances where a firing can be deemed unfair. 

Unfair dismissal is when an employee is dismissed for an illegal reason, such as discrimination, retaliation, or breach of contract. These cases are sometimes difficult to prove and will almost always necessitate hiring unfair dismissal lawyers in New Jersey.

There are several different types of unfair dismissal claims that you can file, depending on the situation. For example, if you were fired because of your race, religion, or gender, you may file a discrimination claim in these cases. If you were fired because you reported your employer for illegal activity, you might be able to file a retaliation claim. And if you were under a contract but fired without being given a valid reason, you may be able to sue your employer for breaching that contract.

To win an unfair dismissal claim, you must prove that your dismissal was unjust and that you suffered damages. If you are successful, you may be awarded reinstatement, back pay, and other damages.

New Jersey Department of Labor and Workforce Development

The New Jersey Department of Labor and Workforce Development (NJDOL) enforces the state’s laws governing wage and hour standards, leave benefits, and other employment rights and protections. These laws are designed to ensure that all workers in New Jersey are treated fairly and have a level playing field when competing for jobs.

The NJDOL also investigates and prosecutes cases of unfair dismissal, discrimination, and other illegal employment practices. Suppose you believe you have been the victim of unfair dismissal, discrimination, or another unlawful employer practice. In that case, you may contact NJDOL to file a complaint with legal assistance from an attorney for wrongful termination.

To prove that your dismissal was unfair, you will need to show that your employer did not have a valid reason for firing you; that you were treated differently than other employees who your employer did not fire. You will also need to show that you suffered some damages due to unfair dismissals, such as lost wages or benefits. Having an unlawful termination attorney NJ can help you build a solid case to bring before the NJDOL.

If you can prove that your dismissal was unfair, the NJDOL may order your employer to reinstate you to your position and pay you back the wages and benefits you lost due to the unfair dismissal.

Types of Evidence for Unfair Dismissal

Many types of evidence can be used in a wrongful termination case in New Jersey. Some examples include:

• Documentation from your employer indicating that you were fired for an illegal reason, such as discrimination or retaliation.
• Emails, text messages, or other communications from your employer or co-workers support your wrongful termination claim.
• Witnesses who can attest to the fact that you were unfairly dismissed.
• Any performance reviews or other documentation from your employer that shows you performed your job satisfactorily before being fired.
• Pay stubs or other financial records that show you suffered a financial loss due to your wrongful termination.

An employment law attorney can help you build a solid case for unlawful termination to bring before the NJDOL by providing you with legal guidance and representing you in court. An attorney can also help you gather evidence to support your claim and negotiate with your employer on your behalf. Wrongful termination cases are complex, so it is essential to seek legal guidance from an experienced employment law attorney as soon as possible after your termination.

If you have been wrongfully terminated from your job, Mr. Thomas can help you fight for the compensation and justice you deserve. Contact his office today to schedule a consultation.