subject: What to do when you are fired from the job for the wrong reasons [print this page] Losing a job can bring in serious consequences for your personal and professional life. What if you being fired from the job illegal? There are certain circumstances in which the firing of an employee is deemed illegal. To understand whether your termination was legal or not, consult a labor attorney practicing in the vicinity.
The first thing you need to understand is that every state has particular laws pertaining to permissible grounds of termination from service. The violation of these laws gives the employee the right to file a complaint against the employer at a court of law. As a resident of New Jersey, you need to know on what grounds the employer cannot fire you from the job as per the state laws.
Wrongful termination on grounds of protected' characteristics - If you were terminated on grounds related to your protected' characteristics, it is wrongful. The "New Jersey Law Against Discrimination" prohibits employers from firing employees on certain grounds. These are as follows:
Race, color, creed, age
Nationality, national origin, ancestry
Sex (including pregnancy), sexual orientation
Marital status, domestic partnership status, familial status
If you think that the decision of termination was a violation of the laws, you may opt to file a complaint at the Division of Civil Rights, New Jersey. This must be done within 180 days of the occurrence of the incident. The following investigation requires establishing the probable cause to justify litigation.
Unlawful termination on grounds of public policy violation - Discriminatory practice is not the only method of wrongful termination. Your employer may be violating a public policy when he/she fires you from the job. Suppose you refused to take part in an unlawful activity, or you reported an illegal activity of your employer. If your employer fires you for this reason, you have reason enough to file a lawsuit.
Breach of the terms implied covenant of fair deal/good faith - In many instances, an employer fires individuals just before the time of promotion or payment of commission or bonus. Though he/she is an at-will employee (not under an employment contract/collective bargaining agreement), this is considered wrongful. If you have encountered something similar, you need to talk to a labor attorney in New Jersey.
The most important question is how you find an attorney. The best method is to ask your contacts for references. If someone has an experience of working with a particular attorney, he/she can give you a first hand account of how good, or bad, the attorney is.
If that is not possible, just go online and look for a qualified and experienced New Jersey labor attorney practicing in your city. Choose at least five legal professionals in the initial stage and contact each for a preliminary consultation. Choosing an attorney practicing employment law in your city can be stressful. But it will be quite easy if your go with some lawyer directory online.
What to do when you are fired from the job for the wrong reasons
