Wrongful termination is a term used for wrongful dismissal or discharge when an employee in a company is fired for unlawful reasons. In most states, individuals are considered to be employed as “at-will,” which means the employer can fire any employee without giving any prior notice or reason unless a contractual agreement has been breached or any law has been violated.
Contact an employment lawyer in New Jersey if you or someone you know is wrongfully terminated in their workplace.
Types of wrongful termination
- Breaching of contract
It occurs when your company violates a contract that denies the employee handbook.
Harassment creates an unfriendly work environment which includes comments on gender, religion, race, age, or disability.
- Whistleblowing violations
Whistleblowing laws protect employees who report illegal activities that occur in their company. Some states protect whistleblowers who file complaints against any employer who violates the law
Discrimination includes both verbal and written discriminatory practices. Discrimination can occur based on age, gender, religion, or sexual preference.
- Constructive dismissal
Constructive dismissal occurs when an employer manipulates an employee to quit the job. It might involve changing the terms of employment without any prior notice. Constructive dismissal is a demotion or a pay cut without a valid reason.
Tips you need to keep in mind if you believe you have been wrongfully terminated.
- Know the rules and regulations
Review and analyze the state or federal laws for detailed information about how wrongful termination is determined.
- Review the contract
It is wise to go through the employment agreement terms if there is any violation, including wage, overtime, or commission disputes.
- Ask for clarification
Labor departments might be able to help you in providing advice if you think you have been wrongfully terminated.
- Consult the HR department
Even if you are not employed or not, ask the human resources department for information about how the termination process works, including any benefits you are entitled to receive.
What to do after being wrongfully terminated?
- Gathering of evidence: Documents will help you analyze the events objectively. Document the conversations or written communications that will help you provide evidence to support your claim.
- Proceed cautiously: Whether you are still working or not, do not talk about your situation in the workplace or with co-workers.
- Research: It is helpful to learn as much as possible about wrongful terminations and the details surrounding your situation.
- Consult with an attorney: An attorney can help you with wrongful termination and explain your legal options.