Losing your job can be a stressful and challenging experience, but if you believe you were wrongfully terminated in New Jersey, you have legal options to seek justice. Wrongful termination occurs when an employer fires an employee for illegal reasons, such as discrimination, retaliation, or violating a contract. If you suspect that your termination was unlawful, it’s important to understand the steps to take in filing a wrongful termination claim. Here’s a guide to help you navigate the process.
Determine if Your Termination Was Unlawful
Not all job terminations are illegal, as New Jersey is an at-will employment state. This means employers can terminate employees for any reason or no reason at all, as long as the reason isn’t illegal. However, certain types of terminations are considered wrongful under both federal and New Jersey law, including:
- Discrimination: If you were fired based on your race, color, religion, sex, national origin, age, disability, or any other protected characteristic under the New Jersey Law Against Discrimination (NJLAD) or federal laws such as Title VII, you may have a wrongful termination claim.
- Retaliation: If you were fired for engaging in a legally protected activity, such as filing a complaint about workplace discrimination, harassment, wage issues, or reporting illegal activities (whistleblowing), you may have been wrongfully terminated.
- Violation of an employment contract: If you had an employment contract, either written or implied, that stated specific terms for your employment or required cause for termination, and your employer violated those terms, you may have grounds for a claim.
- Violation of public policy: If you were fired for refusing to engage in illegal activity or for exercising your rights, such as taking family leave under the Family and Medical Leave Act (FMLA), this may constitute wrongful termination.
Gather Evidence
To build a strong wrongful termination case, you need to gather as much evidence as possible to support your claim. This can include:
- Employment contracts: If you had a written or implied employment contract, gather copies of the agreement and any related documents that outline the terms of your employment and termination procedures.
- Performance evaluations: If you received positive performance reviews or recognition for your work, these documents can help prove that your termination was not related to job performance, which could support a wrongful termination claim.
- Correspondence: Save any emails, letters, or other communications between you and your employer regarding your termination, performance, or the events leading up to your firing.
- Witness statements: If co-workers or other witnesses are willing to testify or provide written statements that support your claim, this can strengthen your case.
- Discrimination or retaliation complaints: If you filed a complaint about discrimination, harassment, or retaliation before your termination, keep copies of those complaints as they may demonstrate a connection between your termination and the protected activity.
File a Complaint with the New Jersey Division on Civil Rights (DCR) or the Equal Employment Opportunity Commission (EEOC)
If your wrongful termination claim is based on discrimination or retaliation, you may need to file a complaint with the New Jersey Division on Civil Rights (DCR) or the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. Both agencies are responsible for investigating discrimination and retaliation claims, and filing with them is often a required step before filing a lawsuit.
- EEOC: You have 300 days from the date of the wrongful termination to file a claim with the EEOC if your case involves discrimination under federal law, such as Title VII or the Americans with Disabilities Act (ADA).
- DCR: For claims under New Jersey’s Law Against Discrimination (NJLAD), you must file a complaint with the DCR within 180 days of the termination.
Once your complaint is filed, the agency will investigate your claim, and you may receive a “right to sue” letter, which allows you to proceed with a lawsuit in court.
Consult with an Employment Attorney
Navigating the legal system can be complicated, especially when it comes to employment law. Consulting with an experienced employment attorney is crucial to ensuring that your claim is properly handled and filed within the necessary deadlines. An attorney can help you:
- Evaluate your case: An attorney will review the details of your termination and the evidence you’ve gathered to determine if you have a valid wrongful termination claim.
- Negotiate with your employer: In some cases, your attorney may be able to negotiate a settlement with your employer before the case goes to court, potentially avoiding a lengthy legal process.
- File a lawsuit: If negotiations fail or if your claim is strong, your attorney can help you file a wrongful termination lawsuit in state or federal court and represent you throughout the legal process.
File a Lawsuit in Court
If your case cannot be resolved through the EEOC, DCR, or negotiations, you may need to file a wrongful termination lawsuit in court. The process for filing a lawsuit includes:
- Filing a complaint: Your attorney will draft and file a formal complaint with the court, outlining the details of your wrongful termination claim and the damages you are seeking.
- Pre-trial procedures: Both sides will engage in discovery, where they exchange information and evidence related to the case. This may include depositions, document requests, and interrogatories.
- Trial: If the case does not settle, it will go to trial, where a judge or jury will determine whether your termination was unlawful and, if so, what compensation you are entitled to.
Understand the Potential Remedies
If you successfully prove wrongful termination, you may be entitled to several types of remedies, including:
- Reinstatement: In some cases, the court may order that you be reinstated to your previous position.
- Back pay: You may be entitled to recover wages lost between the time of your termination and the court’s decision.
- Front pay: If reinstatement is not possible, you may receive compensation for future lost wages.
- Compensatory damages: This can include compensation for emotional distress and pain and suffering caused by the wrongful termination.
- Punitive damages: In some cases, if the employer’s actions were particularly malicious or reckless, the court may award punitive damages to punish the employer.
- Attorney’s fees: If you win your case, you may also be entitled to recover attorney’s fees and legal costs.
Conclusion
Filing a wrongful termination claim in New Jersey can be a complex process, but knowing your rights and taking the proper steps can help you achieve justice. Whether your termination was based on discrimination, retaliation, or a violation of your employment contract, gathering evidence, consulting with an experienced attorney, and following the appropriate legal procedures are essential to building a strong case. If you believe you’ve been wrongfully terminated, act quickly to protect your rights and seek the compensation you deserve.
