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Wrongful Termination

Many people think that if they are fired unfairly, without proper warning, or by an abusive, arrogant or mean-spirited boss, they have a legal claim for “wrongful termination” or “wrongful discharge.”  Unfortunately, that is generally not true, and we’ve often had to explain to our clients, “What is unfair is not necessarily illegal.”   There is no law in the State of New Jersey that prohibits employers from treating their employees badly.

But while it is not illegal to treat an employee “unfairly,” it is illegal for an employer to discriminate against an employee on account of his or her race, religion, disability, sex, etc.  It is also illegal for an employer to subject an employee to a sexually or racially hostile work atmosphere; to retaliate against an employee who “blows the whistle;”  to deny an employee’s rights under the Family and Medical Leave Act; to fail to pay an employee overtime pay; or to refuse to provide “reasonable accommodation” to a disabled employee.  

So even though there may not be a specific legal claim for “wrongful termination” or “wrongful discharge,” there are still many legal claims that an employee can bring to remedy an unlawful termination.  In order to determine where you stand, you should consult with an experienced and knowledgeable employment lawyer.

Attorneys Richard Schall and Patricia Barasch, between them, have been practicing employment law for nearly 40 years.  They are highly regarded by their peers, having been repeatedly selected as "Super Lawyers" in the field of Employment Litigation: Plaintiff.*  They enjoy the challenge of tackling the most difficult legal issues, taking on the biggest corporations in New Jersey, and protecting the contractual rights of our clients.

If you believe you have an employment contract that has been broken, please contact our firm by completing the on-line Questionnaire accessible on every page of our website.

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey.  For Super Lawyers methodology, see www.SuperLawyers.com

Schall & Barasch LLC
Attorneys At Law

Moorestown Office Center
110 Marter Ave., Suite 302
Moorestown, NJ 08057

Tel. 856.914.9200
Fax 856.914.9420

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This website is designed to provide general information only. It does not provide, nor is it intended to provide, legal advice of any kind. Instead, if you are in need of legal advice, you should consult with an attorney of your choosing who can review with you your individual situation.