The majority of New Jersey employees work on an at-will basis, which means their employment can be terminated for any lawful reasons. Under this arrangement, a worker can choose to walk away from a job and an employer can fire a worker without stating the reason if no employment contract has been signed. But some exceptions apply to at-will employment. If you have been fired under such circumstances, you may file a wrongful termination claim. A Paramus wrongful termination attorney can determine if you have a strong case and how you can move forward.
Unless you signed an employment contract or have a legal entitlement to a job position, you are considered an at-will employee in NJ. Thus, either your boss or you can terminate your employment whenever each party wants without notice. If you have signed an employment contract, termination is only possible based on the contract’s terms. However, if you think your rights have been violated, your lawyer can help you file a wrongful termination claim. Below are exceptions to at-will employment and illegal termination cases:
Workplace Discrimination
The law prohibits discrimination at every stage of employment. It is unlawful for employers not to recruit a job applicant or fire a worker based on their race, national origin, age, religion, gender, sexual orientation, and disability. Because employers will not admit to firing a worker based on discrimination, you need circumstantial evidence to prove your case.
FMLA Violations
Employees who qualify for medical leave can take up to 12 weeks of unpaid annual leave to take care of an unwell loved one or due to an illness. According to the Family Medical Leave Act (FMLA), employers may not fire a worker for taking an FMLA leave. Their leave should not affect their job duties and position.
If you must take an FMLA leave, speak with a representative from your HR department and submit a formal leave request. Your employer should keep your medical information confidential.
Retaliation
Your employment may not be terminated for reporting illegal workplace practices and unsafe working conditions. Your employer is prohibited by law from retaliating against you for taking part in legally protected activities such as reporting workplace harassment or discrimination to EEOC, taking part in an internal investigation as a witness, or filing a whistleblowing report.
Retaliation can come in the form of demotion, pay cuts, job duty changes, and termination. If you have been fired by your employer for taking part in protective activities, you may be able to file a wrongful termination claim to ask for the restoration of your position and benefits.
