Getting wrongfully terminated is a distressing event, one that may leave you reeling and uncertain about what to do next. However, wrongful termination is also exactly that—wrong and illegal. Knowing your rights, as well as the legal remedies available to you, can help you plot a course and get you the justice you deserve. After all, everyone deserves to keep a job and to earn a living. Here is everything you need to know about filing a wrongful termination claim in New Jersey and Pennsylvania.
Key Takeaways
- Wrongful termination occurs when an employee is fired in violation of laws, contracts, or policies, often involving discrimination, retaliation, or breach of contract.
- New Jersey and Pennsylvania have strong laws protecting against wrongful termination, including the NJLAD, CEPA, PHRA, and Whistleblower Law.
- If wrongfully terminated, review your employment contract, document the termination, and gather supporting evidence.
- Employees can file complaints with agencies like the NJ Division on Civil Rights, PA Human Relations Commission, or EEOC if they believe their termination was unlawful.
- Consulting an employment lawyer is crucial for understanding your rights and navigating the legal process, including potential lawsuits.
What is Wrongful Termination?
Wrongful termination occurs when an employee is fired in violation of federal or state laws, employment contracts, or company policies. Common grounds for wrongful termination claims include:
- Discrimination: Termination based on race, color, religion, sex, national origin, age, disability, or other protected characteristics.
- Retaliation: Being fired for engaging in legally protected activities, such as filing a complaint about workplace discrimination or harassment, whistleblowing, or taking family or medical leave.
- Breach of Contract: Termination that violates the terms of an employment contract.
- Violation of Public Policy: Being fired for reasons that violate public policy, such as refusing to engage in illegal activities or reporting illegal conduct.
Legal Protections in New Jersey and Pennsylvania
In both New Jersey and Pennsylvania, there are laws and regulations that protect you from being wrongfully terminated. For those who reside in New Jersey, you are protected by the New Jersey Law Against Discrimination (NJLAD) and New Jersey’s Conscientious Employee Protection Act (CEPA). In Pennsylvania, the Pennsylvania Human Relations Act (PHRA) and the Whistleblower Law protect employees. Each of these laws are made to prevent wrongful termination.
Furthermore, there are employment contracts and public policy exceptions that can help employees retain their jobs. For example, most public policy exceptions ensure that employees cannot be terminated for refusing to participate in illegal activities or for reporting illegal acts to authorities.
Steps to Take if You Believe You Were Wrongfully Terminated
Now let’s look at some of the steps you can take when filing a wrongful termination claim:
1. Review Your Employment Contract and Company Policies
The first step in addressing a wrongful termination claim is to carefully review your employment contract, employee handbook, and any relevant company policies. Your employment contract may outline specific terms regarding termination, including any required notice periods or conditions under which you can be let go. Additionally, the employee handbook often contains the company’s policies on workplace conduct, disciplinary procedures, and grievance processes. Understanding these documents will help you identify whether your termination violated company policies or contractual agreements, providing a solid foundation for your claim.
2. Document the Termination
Documentation is crucial when it comes to wrongful termination claims. Keep detailed records of the events leading up to and including your termination. This should include specific dates, times, locations, and the individuals involved in each incident. Record any communications, such as emails or memos, that relate to your employment or the termination process. Additionally, note any conversations you had with supervisors or HR representatives regarding your employment status. This comprehensive documentation will serve as vital evidence should you decide to pursue legal action.
3. Gather Evidence
In addition to documenting the termination, it’s essential to collect any evidence that supports your claim of wrongful termination. This may include emails, performance reviews, witness statements, or other documentation that demonstrates your job performance and the circumstances surrounding your termination. Gather any relevant information that highlights discrimination, retaliation, or breach of contract. Organizing this evidence will strengthen your case and provide your attorney with the necessary materials to advocate on your behalf.
4. File a Complaint
If you believe your termination was unlawful, you can file a complaint with the appropriate agencies. In New Jersey, you can submit a complaint to the New Jersey Division on Civil Rights (DCR), which investigates discrimination claims. In Pennsylvania, you would file with the Pennsylvania Human Relations Commission (PHRC). Additionally, if your claim involves federal laws, such as those enforced by Title VII of the Civil Rights Act, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). These agencies can investigate your claims and potentially take action against your employer.
5. Seek Legal Advice
Consulting with an employment lawyer is a crucial step in navigating the complexities of a wrongful termination claim. An attorney with experience in employment law can help you understand your rights, evaluate the strength of your claim, and guide you through the process of filing a complaint or lawsuit. They can also represent you in negotiations or court proceedings, ensuring that your interests are protected and that you have the best chance of achieving a favorable outcome.
6. File a Lawsuit
If filing a complaint with a government agency does not resolve the issue or if you decide to pursue a lawsuit directly, your attorney will help you file a wrongful termination lawsuit in state or federal court. The process typically involves several key steps:
- Drafting and Filing a Complaint: Your attorney will draft a legal complaint that outlines the facts of your case and the legal grounds for your claim. This document will formally initiate the lawsuit and detail the harm you suffered due to wrongful termination.
- Discovery: During this phase, both parties will exchange information and evidence related to the case. This may include depositions, interrogatories, and requests for documents. Discovery is essential for building a strong case, as it allows both sides to understand the evidence that will be presented.
- Negotiation and Settlement: Many wrongful termination cases are resolved through negotiation and settlement before going to trial. Your attorney will negotiate on your behalf, aiming to reach a fair settlement that compensates you for your losses. Settlements can often provide quicker resolutions than lengthy court battles.
- Trial: If a settlement is not reached, your case will proceed to trial. During the trial, your attorney will present your case to a judge or jury, providing evidence and arguments to support your claim. The outcome will depend on the evidence presented and the arguments made during the trial.
Contact the Employment Lawyers of Swartz Swidler, LLC Today
A wrongful termination is painful and complex to work through, but if you understand the laws and the steps, you can get through it. By reviewing your employment contract, documenting your termination, gathering evidence, filing complaints with relevant agencies, seeking legal advice, and potentially pursuing a lawsuit, you can effectively address the wrongful termination and work toward achieving justice. If you believe you have been wrongfully terminated, don’t hesitate to contact Swartz Swidler, LLC for guidance and support. You can reach us at 856-685-7420 or by filling out the online form.
