New Jersey Wrongful Termination Lawyer
In today’s working environment, employees are often unlawfully terminated. A wrongful termination creates financial instability and often impacts an individual’s emotional well-being. CMS employment lawyers understand this and utilize their substantial experience to strongly advocate for individuals by providing strategic legal advice to help them navigate through wrongful termination matters.
What is Wrongful Termination?
Absent contractual obligations, employees in the State of New Jersey are “at-will,” meaning their employment may be terminated for any reason or no reason at all unless it is motivated by an unlawful reason. Unlawful reasons include, but are not limited to, discrimination, retaliation for complaining about activity that an employee reasonably believed was illegal or fraudulent, or retaliation for requesting a workplace accommodation. In such circumstances, the employment termination may constitute a wrongful termination.
Types of Wrongful Termination
Some of the more prevalent types of wrongful termination matters are as follows:
An employment termination based on race, color, religion, gender, national origin, age, pregnancy, sexual orientation, disability, genetic information, status as a covered veteran, creed, nationality, ancestry, marital status, domestic partnership status, civil union status, gender identity or expression, atypical hereditary cellular or blood trait, liability for service in the Armed Forces of the United States, HIV or AIDS status or any classification covered by applicable federal, state and/or local laws is strictly prohibited and may form the basis for a wrongful termination claim.
Unlawful Retaliation For Opposing Discrimination or Harassment
A wrongful termination claim occurs when an employee is terminated for reporting discrimination or harassment internally to management or to federal or state government agencies such as the Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights.
Unlawful Retaliation For Taking A Leave of Absence
Federal and state law entitles employees to take a leave of absence for, among other reasons, their own serious medical reasons, the birth or adoption of a child, or the care of certain family members. If an employee is terminated in retaliation for taking these types of leaves of absence, they may have a viable wrongful termination claim.
Unlawful Retaliation For Whistleblowing Activity
Employees who engage in whistleblower activity such as reporting illegal, fraudulent, or unethical workplace practices and activities are protected from unlawful retaliatory activity in the workplace. A wrongful termination occurs when an employee is terminated for engaging in such whistleblowing activity.
Unlawful Retaliation for Making Disability and Religious Based Accommodations Requests
Employees who are suffering from physical or mental disabilities or who require accommodations due to sincerely held religious beliefs have important legal rights in the workplace. A wrongful termination occurs when an employee is terminated in retaliation for making such accommodations requests.
Wrongful Termination Laws in New Jersey
If an individual is subject to wrongful termination, the following are among the laws that may be applicable:
- New Jersey Law Against Discrimination
- New Jersey Conscientious Employee Protection Act
- Americans with Disabilities Act
- Family and Medical Leave Act
- New Jersey Family Leave Act
Proceeding with Your Wrongful Termination Lawyer
In the event that you are subject to a wrongful termination, it is crucial to have a seasoned employment attorney that will not only advocate on your behalf but will also provide you with important legal counseling. Employment litigation is volatile and it is important to receive practical advice while navigating through a wrongful termination matter.
Contact A Trusted New Jersey Wrongful Termination Lawyer
If you are in need of legal representation to defend you in a wrongful termination matter and/or are in need of the services of an experienced wrongful termination lawyer who will provide you with important practical and legal counseling, please contact Curcio Mirzaian Sirot LLC.