When is a Job Termination Considered Wrongful in New Jersey?
Employment in the state of New Jersey is mostly considered to be "at-will" employment. "At will" means that for any reason, both the employer or the worker may end the work relationship at any time. The only exception to "at-will" employment is that the employment may not be terminated in a manner that violates the law.
It is important that you find out what type of employment your work is classified as, because employment that is not considered to be "at will" is subject to different restrictions. If an employment contract specifying a time for employment is involved for your work arrangements, then employment is not "at will", and termination can only be done following the terms of the contract.
What are the Illegal Grounds for Terminating At Will Employment in New Jersey?
Regarding terminating a New Jersey employee, discrimination is the most common illegal reason. An employer may not fire an employee just because they are of a certain race, religion, gender, or nationality. An employer also may not fire an at-will employee in retaliation for the employee prompting an investigation into discrimination or filing a legal claim of discrimination against the Cape May employer.
Also, under the Family and Medical Leave Act, employers may not terminate employees who have taken leave for family reasons or medical treatment. Lastly, employees are protected from being fired by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.
Do I Need a New Jersey Attorney for My Wrongful Termination Case?
A local Cape May, New Jersey attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
