Filing a Wrongful Discharge Claim in NJ

Being wrongfully discharged from your job can be a devastating experience, leaving you feeling vulnerable and uncertain about your future. Fortunately, the state of New Jersey provides strong legal protections for employees, ensuring that they are not unfairly terminated. If you believe you have been wrongfully discharged from your job, it is crucial to understand labor law, employment rights, and the steps involved in filing a wrongful discharge claim. This article aims to provide you with a comprehensive guide to navigating the process and seeking justice in New Jersey.

I. Understanding Wrongful Discharge in New Jersey:

Wrongful discharge, also known as wrongful termination, occurs when an employer unlawfully fires an employee, violating their employment contract or breaking state or federal laws. New Jersey is an "at-will" employment state, which means that, in most cases, employers can terminate an employee for any reason or no reason at all, as long as it is not discriminatory or in retaliation for certain protected actions. However, several exceptions exist to the at-will doctrine in New Jersey, providing employees with protection against wrongful discharge. These exceptions include:

1. Breach of Contract: If you have a written or implied employment contract that guarantees job security for a specified period, your employer cannot terminate you without just cause.

2. Violation of Public Policy: If the termination violates state or federal laws, public policy, or constitutional rights, you may have grounds for a wrongful discharge claim.

3. Discrimination: Under state and federal anti-discrimination laws, it is illegal to terminate an employee based on their race, color, religion, sex, national origin, disability, age, or other protected characteristics.

4. Retaliation: Employers are prohibited from firing employees in retaliation for protected actions, such as reporting workplace safety violations, filing a complaint about harassment, or whistleblower discrimination.

II. Gathering Evidence to Support Your Claim:

To strengthen your wrongful discharge claim, you will need to collect evidence that demonstrates your termination was unlawful. Important pieces of evidence may include:

• Employment Contracts: Any written or implied employment contract that outlines job security or specific termination procedures
• Performance Reviews and Records: Positive performance evaluations, commendations, or evidence of consistent good performance can bolster your case
• Emails and Communications: Retain any relevant emails, letters, or other communication that may reveal discriminatory or retaliatory motives behind your termination.
• Witnesses: If colleagues or supervisors can corroborate your claims or have knowledge of the circumstances leading to your termination, their statements can be invaluable.
• Relevant Policies and Handbooks: Gather copies of company policies and handbooks that may outline the proper termination procedures and show whether they were followed.

III. Steps to File a Wrongful Discharge Claim in New Jersey:

1. Gather evidence:

Collect all relevant documents and evidence related to your employment, such as contracts, emails, performance evaluations, witness statements, and any proof of discriminatory or employer retaliation.

2. Consultation with an Employment Attorney:

Find an experienced employment lawyer who can assess the merits of your case and advise you on the best course of action.

3. File a Complaint:

Your attorney will draft a complaint detailing the reasons for your wrongful termination and submit it to the appropriate administrative agency. If your claim involves discrimination and/or harassment, you must file a complaint with the EEOC within 180 days of the alleged wrongful termination. The EEOC will investigate the claim and may issue a "right to sue" letter if they find merit in your case.

4. Mediation or Settlement:

Before proceeding with litigation, your attorney may attempt to resolve the matter through mediation or settlement negotiations with your former employer. This can lead to a quicker resolution and avoid lengthy court proceedings.

5. Filing a Lawsuit:

If settlement discussions fail, your attorney may file a wrongful discharge lawsuit on your behalf. Your claim will be presented to the appropriate court, and your employer will be required to respond to the allegations.

6. Discovery and Trial:

The discovery phase allows both parties to exchange evidence and witness information. If the case does not settle during this phase, it will proceed to trial, where a judge or jury will determine the outcome.

IV. Potential Remedies and Compensation:

If your wrongful discharge claim is successful, you may be entitled to various remedies and compensation, which can include:

• Reinstatement: You may be reinstated to your former position or an equivalent one with similar benefits and pay
• Back Pay: Compensation for lost wages from the time of your termination to the resolution of your case
• Front Pay: Compensation for wages lost due to not being reinstated
• Compensatory Damages: Additional compensation for emotional distress, pain and suffering, and other non-economic losses
• Punitive Damages: In cases of particularly egregious conduct, the court may award punitive damages to punish the employer and deter similar behavior in the future.

Key Takeaway:

Filing a wrongful discharge claim in New Jersey can be a complex and challenging process, but understanding your rights and working with an experienced employment law attorney will significantly increase your chances of success. If you believe you have been wrongfully terminated, it is crucial to act promptly and seek legal counsel to protect your rights and pursue the justice you deserve. Remember that each case is unique, so consulting with an attorney tailored to your specific circumstances is the most effective way to navigate the legal process and seek a fair resolution.

Contact Riback Law Office Today for a Confidential Consultation About Your Wrongful Discharge Case

When facing the uncertainty of a wrongful discharge, having the right legal advocate by your side can make all the difference. Attorney William Riback, founder of Riback Law Office, is a seasoned employment lawyer with a proven track record of fighting for justice in New Jersey.

With Attorney Riback's expertise, you'll gain a powerful ally who understands the complexities of wrongful termination cases. He will diligently investigate your claim, gather compelling evidence, and build a robust strategy to protect your rights and secure the remedies you deserve.

Riback Law Office takes pride in its personalized approach, ensuring each client receives the attention and care they deserve during challenging times. When you choose Attorney Riback, you choose a legal partner committed to your well-being and dedicated to seeking the justice you're entitled to. Don't let wrongful termination go unchallenged. Contact us today and unlock the power of justice with Attorney William Riback at your side.