Cherry Hill Wrongful Termination Lawyer

Losing a job doesn’t just create a financial upheaval, but it can cause emotional distress as you try to find a way to meet your budget without a steady income. But what happens when the dismissal is unjust or illegal? Wrongful termination can lead to financial, emotional, and professional setbacks in your life. In most cases, you have the right to take legal action for this injustice.

If you believe you have been let go unjustly, a skilled Cherry Hill wrongful termination lawyer will help you determine whether you have a valid case. At Folkman Law, we believe all employees must be protected from employers who engage in unfair practices. Contact us today to learn more about the next steps you should take if one of our attorneys deems you to have a pursuable claim.

What Is Wrongful Termination?

Is a wrongful termination any instance in which you were fired from your job? Not exactly.

In New Jersey, most employees work “at will.” That means they can be terminated for any reason or for none at all as long as the grounds on which the termination occurred are not illegal.

Some dismissals violate state or federal statutes, employment contracts, or company policies. In those cases, those are classified as wrongful termination.

These are a few grounds on which, if you were let go for one of them, could allow you to pursue a wrongful termination lawsuit:

• Discrimination: Termination based on discrimination against you for your race, gender, age, religion, disability, or other protected characteristics is illegal under both state and federal law.
• Retaliation: If an employee is fired for whistleblowing, which includes reporting workplace violations or participating in investigations, this may constitute unlawful retaliation.
• Violation of an employment contract: If an employment contract specifies terms of employment, including reasons for termination, and the employer terminates the employee in breach of those terms, it may be grounds for filing a wrongful termination lawsuit.
• Protected activities: Employees cannot be legally terminated for engaging in protected activities, such as taking leave under the Family and Medical Leave Act (FMLA), filing for workers’ compensation, or reporting harassment or unsafe working conditions.

These are just a few reasons that you may be able to take legal action against an employer after they relieve you of your job in New Jersey. If you would like to learn more about whether your situation qualifies, reach out to a Cherry Hill wrongful termination lawyer.

These protections apply in hiring, firing, promotions, compensation, and other employment conditions. NJLAD also extends protections to employees perceived to belong to one of the above categories, even if they do not.

Whistleblower Protections

Under the Conscientious Employee Protection Act (CEPA), New Jersey protects employees who report illegal or unethical conduct by their employers. CEPA, also known as the “whistleblower law,” shields employees from retaliation when they disclose or refuse to participate in activities they believe to be illegal, fraudulent, or against public policy. These protected activities include:

• Reporting violations of the law
• Refusing to participate in illegal activities
• Providing information to a public body during an investigation

Family and Medical Leave Rights

Under the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA), eligible employees are entitled to unpaid, job-protected leave for certain family and medical reasons, including:

• The birth, adoption, or fostering of a child
• The care of a seriously ill family member
• The employee’s own serious health condition
• Any qualifying issue arising from a family member’s military service

FMLA provides eligible employees with up to 12 weeks of unpaid leave per year. An employer cannot fire an employee due to being pregnant or having to take FMLA leave.

If you believe your workplace rights have been violated, several resources are available to help. Consulting with an employment lawyer familiar with New Jersey law can help you understand your rights, evaluate your case, and pursue the appropriate legal action.

What You Need To Do If You Suspect You’ve Been Unlawfully Fired From Your NJ Job

If you believe you were wrongfully terminated in Cherry Hill, take a few steps to strengthen any potential case against your former employer. These include:

• Document the issue and dismissal: You will want to maintain records of events leading up to your termination. Make sure to keep all emails, performance reviews, employee handbooks, and any communications related to your termination.
• Request a written explanation for termination: You may also want to ask your employer for a written statement detailing the reason. With that, they can clarify the rationale behind your dismissal, which could provide evidence for your case.
• File a complaint: If your case involves discrimination, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR). These agencies can investigate your claim and lead to mediation or legal action.
• Consult a wrongful termination lawyer: A Cherry Hill wrongful termination lawyer can evaluate your case. With a consultation, they can advise on the best course of action so you can decide how to proceed.

Available Damages in Wrongful Termination Cases

If you have been wrongly terminated, you could be eligible for compensation. These damage awards may include:

• Back pay: Compensation for wages lost as a result of the termination.
• Future lost wages: Wages lost due to the negative impact of wrongful termination on future employment.
• Emotional distress: Damages for mental anguish and suffering caused by the wrongful dismissal.
• Attorney fees and court costs: Sometimes, the court may order your employer to cover your legal expenses.
• Punitive Damages: In cases where the employer’s actions were malicious or egregious, you may be awarded punitive damages. These are separate from the economic or noneconomic awards from above.

If you would like to learn about possible compensation you can recover, reach out to our Cherry Hill wrongful termination lawyer today.

Challenges With Unlawful Firing Cases

Employment cases in New Jersey can be difficult to prove. Unfortunately, the burden of proof is often placed on employees.

In cases of retaliation or discrimination, you must often provide direct or circumstantial evidence that connects your termination to the protected activity or characteristic. Since employers rarely admit to retaliatory motives, you may need to rely on indirect evidence, such as timing or inconsistencies in an employer’s explanation for their actions. For this reason, you will want to gather as much documentation and witness testimony as possible to build your case.

Also, many New Jersey employers include policies or agreements, like arbitration clauses or at-will employment disclaimers. If that is the case with your former job, it can complicate an employee’s ability to pursue claims. Arbitration clauses prevent employees from taking their case to court, while at-will employment gives employers leeway in terminating employment.

However, these terms aren’t absolute. Your lawyer may argue that an arbitration agreement is unfair or unenforceable in your situation. These are just a few examples of the challenges that you may face. With that in mind, you will want to work with an experienced Cherry Hill wrongful termination attorney to counter these potential problems.