Do you believe you have been wrongfully fired? If you are wrongfully fired, our employment attorneys can help assist you in filing a lawsuit and recovering compensation for your employer's unlawful actions. It is important to contact an attorney as soon as possible, as there are applicable statute of limitations which may prevent you from ever asserting a claim if you fail to do so within the set time period.

New Jersey and Pennsylvania are at-will employment states. However, despite what you may have heard, this does not mean that you can be fired for any reason. In fact, there are many statutes which are applicable to New Jersey and Pennsylvania employees which may give rise to an unlawful discharge claim. If you believe you have wrongful termination claim, contact us today. You need an experienced employment attorney to protect your rights.

There are many federal laws which prevent employers from terminating their employees, even if the employee is at-will. These laws apply equally to Pennsylvania and New Jersey employees.

Title VII of the Civil Rights Act of 1964

Title VII makes it unlawful for employers to terminate an employee because of his or her race, color, national origin, ethnicity, sex, or religion. The law further makes it unlawful for any employer to terminate an employee for having made a good faith complaint about discriminatory conduct. If you are fired under such circumstances, you may be entitled to back pay (actual lost wages), future lost wages, emotional distress, punitive damages, among other relief.

42 U.S.C. Section 1981

42 U.S.C Section 1981 makes it unlawful for employers to terminate an employee because of his or her race, color, national origin, or ethnicity The law further makes it unlawful for any employer to terminate an employee for having made a good faith complaint about discriminatory conduct. If you are fired under such circumstances, you may be entitled to back pay (actual lost wages), future lost wages, emotional distress, punitive damages, among other relief.

Age Discrimination in Employment Act of 1967

The Age Discrimination in Employment Act ("ADEA") makes it unlawful for employers to terminate an employee because of his or her age, provided the employee is 40 years old or older. The law further makes it unlawful for any employer to terminate an employee for having made a good faith complaint about discriminatory conduct. If you are fired under such circumstances, you may be entitled to back pay (actual lost wages), future lost wages, and liquidated damages, among other relief.

Americans with Disabilities Act

The Americans with Disabilities Act ("ADA") makes it unlawful for employers to terminate an employee because of his or her disability or perceived disability, provided the employee can perform the essential functions of the job, with or without an accommodation. The law further makes it unlawful for any employer to terminate an employee for having made a good faith complaint about discriminatory conduct or for requesting a reasonable accommodation. If you are fired under such circumstances, you may be entitled to back pay (actual lost wages), future lost wages, punitive damages, and emotional distress, among other relief.

Family Medical Leave Act

The Family Medical Leave Act ("FMLA") protects employees that work at least 1,250 hours per year (approximately 24 hours per week, on average) who work for employers who employ at least 50 employees in a 75-mile radius of the employee's work location. Such employees are entitled to take 12 weeks of unpaid medical leave each year. At the conclusion of such leave, the employee must be reinstated to the same or substantially similar position as he or she had prior to the leave. It is unlawful for an employee to terminate an employee for having exercised any right under the FMLA. The FMLA is a highly technical law which imposes significant obligations upon the employer in notifying the employee of his/her rights, and designating the leave as protected. If you believe you may have been terminated for taking a medical leave, you should contact one of our experienced employment attorneys for a free evaluation of such a claim. The FMLA may entitle you to damages including back pay (actual lost wages), future lost wages, and liquidated damages, among other relief.

Fair Labor Standards Act

The Fair Labor Standards Act ("FLSA") requires employers pay certain employees overtime and minimum wage. In addition, it prohibits employers from retaliating against employees if they make a good faith complaint regarding overtime and/or minimum wage. If you believe you have been retaliated against for having made such a complaint, please contact one of our employment attorneys for a free evaluation. The FLSA may entitle you to damages including back pay (actual lost wages), future lost wages, and liquidated damages, among other relief.

Other Laws

There are many federal other laws which may give rise to an wrongful termination claims, including: The False Claims Act, The WARN Act, The Clean Water Act, the Employee Retirement Income Security Act, and Sarbanes Oxley, among other laws.

New Jersey Law Against Discrimination

The New Jersey Law Against Discrimination ("NJ LAD") makes it unlawful for any New Jersey employer to terminate an employee because of his or her age, race, color, national origin, ethnicity, sex, sexual preference, disability, medical condition, or religion. It further makes it unlawful for any employer to terminate an employee for having made a good faith complaint about such conduct. If you are fired under such circumstances, you may be entitled to back pay (actual lost wages), future lost wages, emotional distress, punitive damages, and attorney's fees and costs.

Conscientious Employee Protection Act

Described as "one of the most far-reaching whistleblower statutes in the nation," the Conscientious Employee Protection Act ("CEPA") protects employee from retaliation if they have made a good faith complaint regarding conduct which he or she reasonably believed to be unlawful, unethical, or dangerous to the safety and welfare of the public.

Terminations in violation of Public Policy

New Jersey courts have further held that it is unlawful to terminate an employee if the termination violates public policy. Such terminations could include, for instance, being terminated for filing for workers' compensation or for serving on jury duty, among other protected activities.

Pennsylvania Human Relations Act

The Pennsylvania Human Relations Act ("PHRA") makes it unlawful for most Pennsylvania employers to terminate an employee because of his or her age, race, color, national origin, ethnicity, sex, disability, medical condition, or religion. It further makes it unlawful for any employer to terminate an employee for having made a good faith complaint about such conduct. If you are fired under such circumstances, you may be entitled to back pay (actual lost wages), future lost wages, emotional distress, punitive damages, and attorney's fees and costs.

Terminations in violation of Public Policy

Pennsylvania courts have further held that it is unlawful to terminate an employee if the termination violates public policy. Such terminations could include, for instance, being terminated for filing for workers' compensation or for serving on jury duty, among other protected activities.