Being terminated from your job is always difficult, but when it happens unfairly or unlawfully, it can feel even more devastating. Wrongful termination and unlawful discharge claims occur when an employee is fired for illegal reasons, such as discrimination, retaliation, or violation of contractual rights. If you believe that you have been wrongfully terminated, consulting with an experienced employment lawyer is crucial to protecting your rights and ensuring you receive the justice you deserve.
What is Wrongful Termination?
Wrongful termination refers to situations where an employer fires an employee in violation of the law, an employment contract, or public policy. Common reasons for wrongful termination include:
- Discrimination: Firing an employee based on a protected characteristic, such as race, gender, age, disability, religion, or sexual orientation.
- Retaliation: Termination in response to an employee reporting discrimination, harassment, or illegal activities, or filing a workers’ compensation claim.
- Breach of Contract: If you have a written or implied contract that guarantees job security, being fired in violation of that contract can be considered wrongful termination.
- Whistleblowing: Firing an employee for reporting illegal conduct, such as corporate fraud, environmental violations, or safety violations.
- Violation of Public Policy: Terminating an employee for refusing to engage in illegal activities or for exercising their legal rights, such as taking family leave or voting in an election.
Wrongful termination is illegal under both federal and state laws, and if you have been fired for any of these reasons, you may have a valid claim for unlawful termination.
Why You Need an Employment Lawyer for Wrongful Termination Claims
Wrongful termination claims can be challenging, as employers often attempt to justify their actions with reasons that seem legitimate. This can make it difficult for employees to prove that the termination was unlawful. An experienced employment lawyer can help you navigate the complexities of wrongful termination claims and increase your chances of success. Here’s how an employment lawyer can assist you:
1. Evaluating Your Case
When you are terminated, it’s essential to assess whether the termination was unlawful. An employment lawyer will carefully review the facts of your case to determine whether you have a valid wrongful termination claim. They will look at factors such as whether the employer’s reasons for firing you were discriminatory, retaliatory, or in breach of an employment contract. If necessary, your lawyer will also examine the timing of your termination and any patterns of discrimination or retaliation within the company.
2. Gathering Evidence
To prove wrongful termination, you need solid evidence that shows the employer’s actions were illegal. Your lawyer will help you gather crucial documentation, such as:
- Employment Contract: Any written agreements that outline your job responsibilities, terms of employment, or job security protections.
- Communication Records: Emails, memos, or text messages that show evidence of discriminatory or retaliatory behavior.
- Performance Reviews: Documentation showing that your performance was satisfactory or that you were never warned about performance issues.
- Witness Testimonies: Statements from coworkers or other witnesses who can attest to the circumstances surrounding your termination.
- Internal Company Policies: Any relevant company policies that indicate improper procedures were followed during your termination process.
Gathering and organizing this evidence is essential for building a strong wrongful termination case. An employment lawyer will guide you through this process to ensure that you have all the necessary information to support your claim.
3. Filing a Complaint or Lawsuit
If you believe that your termination was unlawful, your lawyer can help you file a formal complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR). These agencies investigate claims of discrimination and retaliation in the workplace. Your lawyer will ensure that your complaint is filed correctly and within the necessary deadlines.
4. Negotiating a Settlement
Many wrongful termination cases can be resolved through settlement negotiations rather than going to trial. Your lawyer will negotiate with your employer on your behalf to secure a fair settlement that may include compensation for lost wages, emotional distress, attorney’s fees, and other damages. An experienced employment lawyer knows how to handle these negotiations and will fight to get you the compensation you deserve.
5. Representing You in Court
If a settlement cannot be reached, your lawyer will represent you in court. Wrongful termination cases can be complex, and your employer may try to argue that the termination was for legitimate reasons. Your lawyer will be prepared to present evidence, question witnesses, and argue on your behalf to demonstrate that the termination was unlawful and that you are entitled to compensation.
Why Wrongful Termination Claims Are Challenging
Proving wrongful termination can be difficult because employers often present non-discriminatory or non-retaliatory reasons for firing an employee. These can include poor performance, restructuring, or economic factors. Additionally, employees may fear retaliation for bringing a claim, especially if they need to remain employed with the same company. An employment lawyer will help you navigate these challenges and provide the legal support you need to pursue your claim.
What You Should Do If You Believe You Were Wrongfully Terminated
If you believe you were wrongfully terminated, here are some steps you should take:
- Document the Termination: Keep a detailed record of the circumstances surrounding your termination, including any conversations or written communications with your employer.
- Review Your Employment Contract: If you have a written employment agreement, review it to determine whether your termination violates any terms or protections outlined in the contract.
- Consult an Employment Lawyer: An employment lawyer can assess your case and advise you on the best course of action. They will help you understand your rights and the legal options available to you.
- File a Complaint: If necessary, your lawyer can help you file a formal complaint with the EEOC or DCR to initiate the process of seeking justice for your wrongful termination.
It is essential to act quickly, as there are strict time limits for filing wrongful termination claims. The sooner you consult with an experienced lawyer, the better your chances of success.
Why Choose Castronovo & McKinney?
Castronovo & McKinney, LLC is a highly respected employment law firm with extensive experience handling wrongful termination and unlawful discharge claims in New Jersey. Our attorneys are dedicated to helping employees who have been wrongfully terminated for illegal reasons such as discrimination, retaliation, or breach of contract.
We understand the emotional and financial toll that wrongful termination can take, and we are committed to fighting for your rights. Whether through settlement, negotiation, or litigation, we will work tirelessly to ensure that you are compensated for the harm caused by your unlawful termination.
Take Action to Protect Your Rights
If you have been wrongfully terminated, it’s important to take prompt action to protect your rights. The sooner you consult with an experienced employment lawyer, the stronger your case will be. Contact Castronovo & McKinney, Employment Law Attorneys today to discuss your case and learn more about how we can help you fight for justice and compensation.
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