Wrongful Termination Lawyers in Moorestown, NJ
New Jersey Lawyers Protecting Against Wrongful Termination
Many people think that if they are fired unfairly without proper warning,
or by an abusive, arrogant, mean-spirited boss, they have a legal claim
for wrongful termination. Unfortunately, that is always not true. At Schall
& Barasch LLC, we’ve often had to explain to our clients that
what is unfair is not necessarily illegal. While there is no law in the
state of New Jersey that prohibits employers from treating their employees
badly, that does not mean that a wrongful termination case is impossible.
There are certain situations where wrongful termination is certainly valid
and can be met with a lawsuit. For detailed information on how we can
help you build a case, fill out our
online contact form today.
What Is Considered Wrongful Termination in New Jersey?
For a firing to be considered wrongful termination, it must have occurred
illegally in the eyes of the law. This means the termination must have
either violated a state or federal law that prohibits discrimination or
retaliation or violated the terms and conditions of your employment as
stated in your contract.
To determine where you stand, you should consult with experienced and knowledgeable
wrongful termination / employment lawyers in NJ. You want someone who
can sit with you and determine whether your claim for wrongful termination
qualifies. We will help you determine whether your employer was violating
New Jersey Law Against Discrimination. Our attorneys will also reference the many other state and federal laws
under which relief can be sought.
How Do You Prove Wrongful Termination?
While it is not illegal to treat an employee “unfairly," it
is illegal for an employer to discriminate against an employee for his
or her race, religion, disability, sex, etc.
It is also illegal for an employer to:
If you can prove that your employer violated any of these laws, you may
be able to prove wrongful termination.
How Much Can You Sue for Wrongful Termination?
The award you can get for a wrongful termination lawsuit depends on a variety
of factors. It can fall anywhere between a few thousand dollars and millions
of dollars. It simply depends on the circumstances surrounding your specific
situation.
In a case we tried to a jury a number of years ago, we recovered $500,000
for an employee after his company fired him in violation of the progressive
discipline system set out in the company’s handbook. Additionally,
the skill of your attorneys, and what they can prove factors in.
It is difficult for an attorney to provide any financial details without
first knowing the particulars of your case. To receive a better estimate
based on the details of your case, schedule a consultation with one of
our experienced attorneys.
How Long Does a Wrongful Termination Case Typically Last?
Again, the length of a wrongful termination case depends on several factors.
Some cases may settle in as quick as a couple months, while others may
take a year or more to resolve. If a case does not settle, you can expect
a wrongful termination suit to last somewhere between one to three years
until it gets to trial.
It is important to remember that if you choose to file a wrongful termination
lawsuit based on the New Jersey Law Against Discrimination, you only have
two years from the date of your termination to do so. In some cases, there
are even shorter “statutes of limitation.” For example, If
you are filing a claim for whistleblower retaliation, using New Jersey’s
Conscientious Employee Protection Act (“CEPA”), you only have
one year to file. That is why you should obtain a lawyer as soon as possible.
Can I Sue for Wrongful Termination in an Employment-at-Will State?
New Jersey is an employment-at-will state. This means that businesses may
hire or fire employees as they see fit. They do not need to provide cause
or justification for termination. Employees may also leave a job without
cause or justification without facing legal consequences.
However, there are very important exceptions to this general principle.
If an employer fires an employee due to a discriminatory belief or action,
the employee may sue for wrongful termination. An employee may also sue
the employer if their termination violated terms of their employment contract.
