All too often workers are fired for illegal reasons. In New York and New Jersey, unless a worker has a contract of employment, workers are “at-will employees.” What this means is that a worker can be fired for any reason, other than an illegal reason as defined under the law. The New Jersey wrongful termination lawyers at Jaffe Glenn Law Group are sensitive to the plight of workers that have been wrongfully retaliated against or terminated. Often times employers illegally fire workers based upon discrimination, or for asserting their rights as employees, either to obtain benefits to which they are entitled, such as Family Medical Leave, or Workers’ Compensation benefits, or minimum wage and overtime compensation. If you believe you are a victim of an employer’s retaliatory conduct, we may be able to help you. Call the Jaffe Glenn Law Group for a free consultation to discuss your concerns.
It is illegal for your employer to fire you for any of the following reasons:
- Discrimination – It is illegal for your employer to treat you disparately or to fire you based upon age, race, sex, ethnicity, skin color, national origin, and/or mental or physical disability. For example, if you are an African American and are at a job where you are performing better than those in your position, yet, a less competent employee receives a promotion and you do not. In furtherance of this apparent bad act, an investigation might reveal that your employer has acted in this same way in the past. Additionally, a closer look at the makeup of the organization may support a showing of discrimination, as may other factors. Do not be a victim of this unfair treatment.
- Retaliation - It is illegal for your employer to treat you disparately or to fire you because you engaged in a protected activity. For example, you are injured at work and file a workers’ compensation case. In many cases, once you are injured and begin receiving medical treatment, your employer starts to become critical of the quality of your work, where prior to the accident you were considered a model employee.
- Whistleblower – It is illegal for your employer to treat you disparately or to fire you because you will not engage in illegal behavior. For example, if your employer insists that you assist him in diverting money earned by the company to avoid paying taxes and if your refusal to take part in the tax evasion results in either harassment, demotion, or termination, you may have a cause of action.
- Breach of Contract – It is illegal for your employer to fire you in violation of the terms of a contract for employment that exists between you and your employer.
- FMLA – It is illegal for your employer to fire you because you availed yourself of the benefits of the Family Medical Leave Act.
- FLSA – It is illegal for your employer to fire you because you filed a claim for unpaid overtime or minimum wages. Where you stand up for your rights and assert a claim for the unpaid wages owed to you, your employer cannot, for example, cut the hours of your shift, give you more strenuous duties, treat you poorly, or engage in any other negative treatment.
Our New Jersey wrongful discharge lawyers represent workers, enforcing both Federal and State laws. New Jersey has laws, in addition to the Federal laws, specifically protecting its workers from Wrongful Termination.
- New Jersey Law Against Discrimination (LAD) – Protects employees for retaliation based upon discrimination.
- New Jersey Conscientious Employee Protection Act (CEPA) – Protects employees for whistleblower activities.
- New Jersey Family Leave Act – Protects employees for FMLA activities.
Similarly, our New York wrongful termination lawyer, utilizes both Federal laws, as well as New York laws that specifically protect workers from Wrongful Termination.
- New York State Human Rights Law and the
- New York City Human Rights Law – Similar to New Jersey’s LAD.
- New York Whistleblower Law – Similar to New Jersey’s CEPA.
Some of the damages you are entitled to, if you win your retaliatory discharge claim are unpaid back wages, potential loss of future wages, compensatory damages, punitive damages, reinstatement of your job, as well as attorneys’ fees.
Our New Jersey wrongful discharge attorneys will conduct interviews with witnesses, review any and all relevant employment documents, and search and investigate any other evidence that can be used to can win your case.
Fighting for employees’ rights is our mission. Getting what has been taken from you is our goal. Our employment lawyers will get what you deserve. Please call a New Jersey Wrongful Discharge attorney with the Jaffe Glenn Law Group to obtain your free initial consultation at (201) 687-9977.