Losing your job can be devastating, especially when it’s due to unlawful reasons. New Jersey law protects employees from wrongful termination and retaliation, ensuring a fair and just workplace. If you believe you’ve been a victim of these illegal practices, it’s crucial to understand your rights and seek experienced legal counsel. 

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Understanding Unlawful Termination and Retaliation

Wrongful Termination:

In New Jersey, wrongful termination occurs when an employee is fired for reasons that violate state or federal law. This includes termination based on discrimination, retaliation, or breach of contract. New Jersey is an at will employment state, but that does not give employers carte blanche to fire employees for any reason. There are many exceptions to this rule.

Examples:

• Termination based on race, gender, age, religion, or disability.
• Violation of employment contracts or implied agreements.
• Termination that violates public policy.

 

Retaliation:

Retaliation involves an employer taking adverse action against an employee for engaging in legally protected activities. This can include filing a discrimination complaint, reporting workplace safety violations, or taking family leave. 

Examples:

• Demotion or reassignment.
• Reduction in pay or benefits.
• Harassment or intimidation.
• Unfair performance reviews.

Constructive Discharge:

Constructive discharge occurs when an employer creates such intolerable working conditions that an employee is forced to resign. This is treated as an unlawful termination.

Adverse Employment Actions:

Any employer action that is designed to punish or harm an employee, and is illegal. This can include many things, and is very fact specific.

Intentional Infliction of Emotional Distress:

In certain situations, an employee that has been treated in an extremely outrageous way, can sue their employer for the intentional infliction of emotional distress.

 

At Mark | Lavinge, LLC, we are dedicated to representing New Jersey employees who have suffered from unlawful termination and retaliation. We understand the complexities of employment law and will fight tirelessly to protect your interests.