What Constitutes Wrongful Termination in NJ?

Have you been wrongfully terminated from your job in New Jersey? If so, you may be wondering what constitutes wrongful termination in NJ. If you are unsure whether your termination was wrongful, keep reading to learn more about what it takes to prove your wrongful termination from your job.

But suppose you believe that you have been wrongful termination from your job in New Jersey. In that case, the experienced attorneys at Ashton E. Thomas Esquire can help you determine if you have a claim and fight for the compensation you deserve. Call us today for a consultation.

Contract Employment and At-Will Employment

It is essential to note the different types of employment. Having these types would guide you in handling wrongful termination. You could either have a job under contract employment or at-will employment.

Contract employment is an agreement between an employer and an employee that outlines the terms of the employment relationship. The contract may specify the duration of the employment, the duties of the employee, and the compensation you can receive. 

While at-will employment is an employment relationship in which either party may terminate the relationship at any time, for any reason—with or without notice. However, an employer cannot violate various employment protection statutes.

What is Wrongful Termination?

Wrongful termination is when an employee gets fired for an illegal reason. There are many illegal reasons for which an employee can face wrongful termination. Some of the most common include:

• Discrimination – fired because of their race, religion, gender, national origin, or disability.
• Retaliation – fired because of the complaint or participated in an investigation against their employer.
• Breach of Contract – fired while under an employment contract.
• Whistle-Blowing – fired for reporting their employer’s illegal activities to a government agency, in some cases.

Generally, wrongful termination occurs when an employee’s termination violates public policy or contract.  It can also happen when the act of termination breaches an implied covenant of good faith and fair dealing. 

Most states recognize some form of a public policy exception to at-will employment. Under this exception, an employee is not subject to termination for the reason that violates the state’s public policy. For example, employees cannot face termination for exercising their right to vote or refusing to commit an illegal act. 

As another example, many states protect whistleblowers from retaliation in the form of termination. Whistleblowers are employees who report an employer’s illegal or unethical activities to authorities.

Is it Hard to Prove Wrongful Termination?

Proving wrongful termination can be difficult. Employees fired for illegal reasons may have a claim for wrongful termination, but they must be able to prove that the firing was unlawful. This can be difficult because employers usually present a lawful reason for firing an employee, even if that reason is not the real reason for the firing.

A Claim for Wrongful Termination

An employee may have a claim for wrongful termination if the firing breaches an implied covenant of good faith and fair dealing. An implied covenant of good faith and fair dealing is in every contract. 

It states that each party must not do anything to prevent the other party from getting the contract benefits. This covenant protects employees from termination in bad faith in some states. For example, an employee may have a claim for wrongful termination if he got fired for a false reason to avoid paying his vacation benefit.

When Can You Sue for Wrongful Termination in NJ?

You can sue for wrongful termination if you believe your employer fired you illegally. There are many ways that an employer might break the law when firing an employee. If you have been the victim of one of these illegal removals, you may have a claim for wrongful termination. 

To learn more about your legal options and whether you may be able to sue for wrongful termination, it is essential to contact the experienced wrongful termination lawyers in NJ residents have come to rely on. 

The employment attorney in NJ at Ashton E. Thomas Esquire have successfully represented numerous clients in wrongful termination lawsuits against their employers. We understand the stress and anxiety of losing your job and will work tirelessly to help you recover the compensation you deserve.  Contact us today and have an experienced employment law attorney work on your problem.