Wrongful Termination Lawyer In Livingston, New Jersey
Wrongful termination is the firing of an employee in a way that violates federal or state law. Even though an employer in an at-will state like New Jersey generally has the right to fire an employee at any time and for any reason – or no reason at all – there are exceptions to the rule. This includes firing an employee for discriminatory reasons, retaliating for the employee’s lawful actions or violating contractual agreements or public policy. If you believe you were fired unlawfully, the wrongful termination lawyer Crystal Pettiford can help.
Crystal Pettiford Law is committed to helping employees understand their rights and seek justice in cases of wrongful termination.
Understanding Wrongful Termination
Wrongful termination typically involves discrimination or retaliation on the part of the employer. Illegal discrimination includes firing an employee based on their age, race, religion, gender, disability, sexual orientation or marital status. Firing an employee in retaliation for legal or protected actions includes things such as filing a complaint about workplace discrimination or harassment, participating in an investigation, or reporting violations of laws to the authorities (whistleblowing). Terminating an employee for taking legally protected leave, such as under the Family and Medical Leave Act (FMLA), also constitutes wrongful termination.
Dismissals that violate the terms of an employment contract or are against public policy, such as firing an employee for refusing to perform illegal acts, are also illegal. Employees who believe they have been wrongfully terminated may have grounds to pursue legal action against their former employers.
New Jersey CEPA And Wrongful Termination
The New Jersey Conscientious Employee Protection Act (CEPA), often referred to as the “Whistleblower Act,” is a state law designed to protect employees from retaliation by their employers for engaging in legally protected activities. CEPA is one of the most comprehensive whistleblower protection laws in the United States and encourages employees to report illegal or unethical activities without fear of reprisal.
Under CEPA, employers are prohibited from taking retaliatory actions against employees who disclose, or threaten to disclose, practices or activities that the employee reasonably believes are in violation of a law, or are fraudulent or criminal. Additionally, CEPA protects employees who provide information to or testify before any public body conducting an investigation, hearing or inquiry into any potential violation of the law by the employer.
The law also shields employees who object to or refuse to participate in any activity, policy or practice that they reasonably believe violates the law, is fraudulent, criminal or incompatible with a clear mandate of public policy concerning the public health, safety or welfare.
What To Do If You’ve Been Wrongfully Terminated
If you believe you were fired in retaliation for actions you took that were legal or that your employee rights were violated, you should take action right away. Here are step-by-step instructions on what you should do:
Document everything: Keep a detailed record of everything that led up to your termination and any actions or communications from your employer that followed. This includes emails, performance reviews, memos and any communications related to your termination. Note the dates, times and context of these documents.
Review your employment contract and employee handbook: Review your employee handbook and any employment contract you signed. This can help you determine if any contractual or policy violations occurred.
Understand your rights: Familiarize yourself with federal and state employment laws, such as CEPA, to understand your rights and protections against wrongful termination.
Gather and organize evidence: Collect all information and evidence that might support your claim. This may include witness statements, correspondence and any other documents that prove your case.
Stay professional: Throughout the process, maintain professionalism. Avoid public discussions or social media posts about your case, as these can have a negative impact on your claim.
By following these steps, you will encounter fewer obstacles in the legal process and improve your chances of a positive outcome.