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Wrongful Termination

NY and NJ Employment Litigation Attorneys Fight “Wrongful” Termination

Aggressive representation for unlawfully discharged workers

Most workers in New York and New Jersey are at-will employees, which means the employer can terminate them at any time without having to show cause. However, state and federal law prohibits employers from firing employees for unlawful reasons. If you were fired in retaliation for exercising a legally protected right, you can seek damages. As a leading employment litigation law firm in northern New Jersey, Deutsch Atkins & Kleinfeldt, P.C. assists workers who have been illegally discharged. We can evaluate your case and help you receive the maximum amount of compensation possible.

What are unlawful reasons to fire an employee?

An employer cannot discharge an employee for reasons related to age, disability, ethnicity, gender, national origin, pregnancy, race, religion or sexual orientation. This is considered discrimination under state and federal employment law. Sexual harassment is a form of discrimination; if an employer fires a worker for refusing to submit to sexual advances, that is also “wrongful” termination. Other unlawful purposes include:

  • Retaliation for a protected act — Employers are within their rights to discipline employees for actions that are detrimental to the business. However, an employee cannot be punished or discharged for whistleblowing or exercising other protected rights, such as:
    • Seeking accommodation for a disability or pregnancy
    • Filing a workers’ compensation claim
    • Taking family or medical leave
  • Employee’s refusal to break the law — An employer cannot require a worker to violate the law as a term of employment. For example, a bookkeeper who is fired for refusing to falsify tax records has a case for wrongful termination.

Unlawful termination can be an overt firing or a constructive discharge whereby the employer makes the worker’s life so miserable, due to his/her being in a protected class or blowing the whistle, that the worker resigns.

What damages can a fired worker recover for unlawful termination?

Whether you were fired for informing the government about a company’s illegal activities or for another protected reason, remedies are available for “wrongful” termination.

  • Reinstatement — A return to your position at the same salary and benefits.
  • Injunctive relief — A court order to cease abusive or discriminatory treatment.
  • Lost earnings — Compensation for lost income following your termination.
  • Punitive damages — The court has discretion to punish the employer for illegal behavior.
  • Legal expenses — Attorney fees and court costs.
  • Pain and suffering — Compensation for emotional hardship.

“Wrongful” termination is not easy to prove. It requires a skilled attorney capable of assembling the evidence and constructing a persuasive case before a judge or jury.

Contact a leading NJ law firm for assistance with your unlawful termination case

Your job is your lifeline; don’t be afraid to fight for it! Deutsch Atkins & Kleinfeldt, P.C. provides aggressive employment litigation services. Call us today at 551-245-8894 or online to schedule a confidential phone consultation. Our firm has offices in Bergen County, New Jersey, Rockland County, New York and Manhattan.

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch

About 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…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict…

Diane  Englander  Peyser Attorney Photo
Diane Englander Peyser

About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey

About Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA),…

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    Thrilled with our experience with the firm. It was a challenging case for sure, and Adam worked tirelessly to ensure we came out on top. His knowledge of the law and the "system" is first rate. I was prepared to walk away on a few occasions when t...

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    I had an remarkable experience with this firm. Diane Peyser and Bruce Atkins and team were informative, responsive, and tenacious. I could not have asked for better representation.

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    I would gladly recommend Debra because of her attention to detail and her willingness to go out of her way to educate clients about how to achieve the best possible outcomes. She is a great advocate and a pleasure to work with.

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    Joe Fleischer

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    Deutsch Atkins & Kleinfeldt, P.C. is simply the BEST legal organization to have on your side and work with. Period! The entire organization worked as an extremely efficient, accurate, responsive and in a VERY professional manner at all times. Absol...

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    I spoke to Diane Peyser who helped me clearly understand how to navigate my very difficult situation. Her expertise was exemplary, and her ability to help calm my concerns was excellent. My blood pressure literally went down after speaking with her...

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    Debra Quiat

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