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What is Wrongful Termination?

Many people who have been fired from their job may wonder whether the action constituted "wrongful termination." While each state has a different set of laws, many of these laws coincide. New Jersey, for instance, is like other at-will employment states. This means that either the employer or the employee may sever their relationship at any time and for almost any reason. This doesn't mean, however, that it's not possible to file a wrongful termination suit in the state.

While individuals in at-will employment states have fewer options when it comes to wrongful termination cases, some options do exist. If an employer fires a worker based on discriminatory practices, such as making their decision based on race, sex, age, color or any other federally protected characteristic, the terminated employee can file a claim for wrongful termination.

Additionally, a termination that violates a predetermined employment contract can also constitute wrongful termination. Some employees may even find themselves terminated for simply trying to exercise the rights provided to them as workers. It they're fired for demanding appropriate wages, overtime pay for overtime work or appropriate time off from work, for instance, they may have a case against their former employer.

There are even some instances where a terminated employee may be able to file a tort claim. If, for instance, a person experienced serious emotional stress at their place of employment, they could technically file a lawsuit based on this.

In the current economy, a person terminated from their job may find it difficult to quickly find work. This can lead to bills not being paid and obligations not being met. It becomes especially stressful if the worker was fired for inadequate or illegal reasons. With legal help, however, an individual may be able to recover compensation due to their wrongful termination. This could assist in paying necessary bills while looking for future employment. New Jersey Wrongful Termination Laws: http://www.wrongfulterminationlaws.com/resources/wrongful-termination-law/state-job-termination-laws/new-jersey.htm

Source: NJ Department of Labor and Workforce Development, "34:11-4.3. Termination or suspension of employment", October 23, 2014

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