Understanding Wrongful Termination Under New Jersey and Federal Law

Wrongful termination claims are a critical aspect of employment law, offering protections for employees unjustly dismissed from their jobs. Under both New Jersey law and federal regulations, these claims address dismissals that breach employment contracts or violate specific legal protections. This article explores the types of wrongful termination cases, preparation tips for employees, the typical processes involved with the Equal Employment Opportunity Commission (EEOC), litigation, and how an employment lawyer can effectively manage these cases.

Types of Wrongful Termination Cases

Wrongful termination can occur under several scenarios that are deemed unlawful under state or federal laws:

• Discrimination: This includes termination based on race, color, national origin, sex, religion, disability, pregnancy, or age. Both New Jersey law and federal statutes such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) provide protections against discrimination.
• Retaliation: Employees discharged for engaging in legally protected activities—such as filing a complaint against unlawful practices, whistleblowing on illegal activities, or participating in an investigation—are protected under retaliation statutes.
• Breach of Contract: If an employment contract specifies the conditions under which termination is permissible, and an employer violates these terms, this may constitute wrongful termination.
• Violation of Public Policy: This includes dismissals for reasons that violate New Jersey or federal public policy, such as terminating an employee for taking jury duty or for refusing to participate in illegal activities.

Tips for Employees Preparing a Wrongful Termination Case

Employees suspecting wrongful termination should take specific steps to strengthen their case:

• Document Everything: Keep detailed records of all communications, performance reviews, and any incidents that may relate to the termination. Documentation can play a pivotal role in proving the reasons for termination were unjust.
• Understand Your Contract and Company Policies: Be aware of the terms of your employment contract and any relevant company policies that could affect your termination.
• Secure Legal Representation: Consulting with an employment lawyer early can provide crucial guidance and help navigate the complexities of employment law.

The EEOC and Litigation Process

Before initiating a lawsuit, employees often must file a complaint with the EEOC or the equivalent state agency. This process includes:

• Filing a Charge: The employee files a charge of discrimination, and the EEOC investigates the complaint.
• Mediation or Investigation: The EEOC may offer mediation to resolve the issue quickly. If mediation is not successful or not opted for, the EEOC proceeds to investigate the charge.
• Notice of Right to Sue: If the EEOC determines there is no basis for a claim or if the investigation is inconclusive, they will issue a Notice of Right to Sue, allowing the employee to pursue litigation.

The Role of Employment Lawyers in Successfully Bringing a Case

An experienced employment lawyer is instrumental in navigating the intricacies of wrongful termination claims. These professionals can:

• Assess the Merits of the Case: Lawyers provide an objective analysis of the situation and advise on the viability of the case based on the evidence and applicable law.
• Guide Through the EEOC Process: Lawyers can assist in preparing the complaint to the EEOC, represent the employee during mediation, and guide them through the investigation.
• Litigation: If the case proceeds to court, an employment lawyer will manage all aspects of the litigation, from filing the lawsuit to representing the employee in court, ensuring that their rights are vigorously defended.

Conclusion

Wrongful termination cases are complex, requiring a thorough understanding of both New Jersey and federal laws. Employees facing wrongful termination should actively document all pertinent details and seek specialized legal representation to ensure their rights are protected. With the right preparation and expert legal guidance, employees can effectively challenge unlawful dismissals and achieve justice for wrongful termination.