What Is Wrongful Termination?
Wrongful termination refers to the illegal firing of an employee in violation of their legal rights or employment agreement. Common examples include:
- Discrimination: Terminating an employee based on their race, gender, age, religion, disability, or other protected characteristics.
- Retaliation: Firing an employee for reporting workplace violations, such as harassment or safety concerns.
- Breach of Contract: Violating the terms of an employment agreement, including termination without the required notice or cause.
- Violation of Public Policy: Dismissing an employee for refusing to engage in illegal activities or exercising their legal rights, such as taking medical leave or voting.
Not all terminations are wrongful, but if your dismissal involves one of these scenarios, you may have a legal claim.
Legal Protections Against Wrongful Termination
Employees are protected from wrongful termination under several federal and state laws, including:
- Title VII of the Civil Rights Act: Prohibits discrimination-based terminations in workplaces with 15 or more employees.
- Americans with Disabilities Act (ADA): Protects employees with disabilities from discriminatory firing.
- Age Discrimination in Employment Act (ADEA): Protects employees aged 40 and older from age-based terminations.
- Family and Medical Leave Act (FMLA): Prevents employers from terminating employees for taking qualified family or medical leave.
- New Jersey Law Against Discrimination (LAD): Offers broader protections against wrongful termination for employees in New Jersey.
These laws aim to ensure that employees are treated fairly and that employers cannot use illegal reasons to dismiss workers.
Signs of Wrongful Termination
If you suspect your termination was unlawful, look for these warning signs:
- Being fired shortly after reporting workplace violations or requesting accommodations.
- Receiving no clear explanation for your dismissal, or reasons that seem pretextual.
- Witnessing discriminatory remarks or behaviors leading up to your termination.
- Being denied severance pay or benefits outlined in your employment agreement.
If any of these apply to your situation, it’s important to document the circumstances and seek legal advice.
Steps to Take If You’ve Been Wrongfully Terminated
If you believe your termination was unlawful, follow these steps to protect your rights:
- Document the Termination: Keep detailed records of your termination notice, performance reviews, and any related communications.
- Review Your Employment Agreement: Check for clauses regarding termination, severance, and notice periods.
- File a Complaint: Submit a claim to the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights.
- Seek Legal Representation: Consult an experienced employment lawyer to evaluate your case and discuss options for seeking compensation or reinstatement.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC specializes in representing employees who have been wrongfully terminated. Our skilled attorneys can:
- Analyze your case to determine if your termination violated state or federal laws.
- Help you file complaints with the appropriate agencies or pursue legal action.
- Negotiate settlements to recover lost wages, benefits, and damages for emotional distress.
- Represent you in court to hold your employer accountable for wrongful termination.
We are dedicated to protecting employees’ rights and ensuring justice for those who have been treated unfairly in the workplace.
Seek Justice for Wrongful Termination
If you believe you’ve been wrongfully terminated, don’t wait to seek help. Contact
Castronovo & McKinney, Wrongful Termination Attorneys today for a consultation. Let us help you fight for your rights and pursue the justice you deserve.