Wrongful termination is the dismissal of employees for an illegal or prohibited reason. If you believe you have been wrongfully terminated by your employer, you have the legal rights to sue your employer for going against federal and New Jersey state laws.
Understanding Wrongful Termination
New Jersey is an employment-at-will state which means that any business can recruit or terminate employees without any reason and will not suffer any legal action. This is likewise the same for employees. There are 2 major exceptions to this – when this breaks an implied contract or goes against any anti-discrimination or retaliation legislation.
An implied contract are guidelines that are implied or verbally communicated across, rather than written contracts. Legal action can be taken if your employer breaks an implied contract. Going against state legislation, such as the New Jersey Law Against Discrimination (NJLAD) and Conscientious Employee Protection Act (CEPA), that results in termination is another exception.
Why Should You Hire Attorneys for Wrongful Termination?
There is multiple legislation in place that limits the reasons why a company would fire you unfairly. If you believe that you were unfairly terminated by your employer, you should consider meeting with an experienced employment law attorney to discuss whether your claim could be considered as wrongful termination. Even if this isn’t the case, an employment law attorney could be useful in negotiating for a better severance package.
Common FAQs about Wrongful Termination
First off, we would have to determine if there is sufficient evidence to suggest wrongful termination by your employer. We will have to ascertain the consequence of this wrongful termination.
Secondly, a demand letter would be made to your employer. This letter would outline the charges made against them and demands for the issue to be resolved. Once this issue has been resolved, we will work on your behalf to negotiate a settlement.
If unresolved, the subsequent step to take is to file your complaint. Once the complaint has been filed, your employer has up to 35 days to answer your complaint before discovery begins. Discovery can include interviews, documents and depositions that would help aid in the trial. Be prepared for thorough questioning from your attorney and the defense lawyers during the discovery process and resulting trial.
As mentioned earlier, the two main ways in which wrongful termination is justified are when the company breaks any implied contract or goes against federal or state laws.
Direct evidence, such as documents and invoices, could be used to justify that wrongful termination is involved. Circumstantial evidence can also be used to support your claim.
New Jersey state law tends to provide wider coverage and is customized to fit New Jersey residents.
Claims made under the New Jersey Law Against Discrimination (NJLAD) requires that you file these claims within two years of the qualifying event. Claims made under CEPA have to be filed within one year of the adverse employment action.
Choose Carcich O'Shea, LLC for Experienced Wrongful Termination Law Attorneys
From negotiation, mediation and arbitration to litigation, the attorneys at Carcich O’Shea, LLC will manage your case every step of the way. We have helped a diverse range of clients in tackling employment law, including clients in EEOC and Division of Civil Rights.
If you have more questions about our legal expertise in wrongful termination, feel free to contact us today. Alternatively, you may call us at 201-988-1308 or send an email to carcichoshea@gmail.com.
