While employers have a right to fire workers at will in New Jersey, they cannot do so for unlawful reasons. If you are wrongfully terminated, you have the right to bring an action against your employer. Although these cases are not easy to prove, an experienced employment attorney can work to present your case in the best light possible.
Some illegal reasons for wrongful termination include an employer’s firing an employee:
- For whistleblowing (complaining about illegal activity by the employer)
- In violation of federal or state laws on discrimination
- For refusing to violate laws or regulations
- In violation of a contract such as oral and written employment agreements or contracts, or union contracts
- For alerting supervisors about OSHA violations
- As a type of sexual harassment
- For seeking accommodations for a disability
- For filing a workers comp claim
- For taking legal family or medical leave
The termination can be direct or constructive. Constructive termination occurs when the place of employment becomes so hostile or uncomfortable that an employee resigns.
Remedies available for wrongful termination include the following:
- Injunctive relief at the job
- Lost earnings
- Punitive damages
- Reinstatement to the position
- Reinstatement of benefits
- Legal fees
- Court costs
- Compensatory relief for pain and suffering
- A severance package
Skilled attorneys know the type of evidence needed to prove a wrongful discharge case. Your employee handbook may cover the issue. If you suspect you are about to be wrongfully terminated, document as much as you can about the situation and get in touch with experienced New Jersey employment lawyers.
Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its potential outcomes.…
Michael K. Fortunato is a Partner at Deutsch Atkins, P.C. His practice focuses on employment litigation and counseling for employees and executives, including matters involving discrimination, retaliation, harassment, wrongful termination, whistleblower claims, severance negotiations, employment agreements, and restrictive covenants. Michael represents clients in litigation and administrative proceedings involving state and federal employment laws including the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
R.J. Prifitera joined Deutsch Atkins, P.C. in October of 2023. R.J. represents employees in wrongful termination, harassment, discrimination, and whistleblowing matters. Prior to joining the firm, R.J. received a B.A. from the University of Delaware in 2018. Thereafter, he attended and graduated Seton Hall University School of Law in 2022 where he received the Monsignor…
