When an employer fires an employee without cause, it is considered wrongful termination. This behavior may be illegal because it breaches an employment contract or federal or state law or because it is against public policy. To protect themselves against potential legal action, businesses should be familiar with the causes of wrongful termination claims and get help from a discrimination attorney in New Jersey.
Wrongful termination claims frequently allege discrimination as the underlying cause of the dismissal. Federal legislation makes it illegal for companies to fire workers on the basis of their race, color, national origin, sex, pregnancy, religion, age (if the worker is above 40), handicap, or genetic information.
Harassment is another example of unlawful dismissal. It is when a worker is let go after being subjected to hostile treatment because of their membership in a legally protected group.
When an employer takes action against an employee for exercising their legal rights, this is known as retaliation. These penalties may take the form of dismissal, a pay cut, a transfer to a different department, or a change in schedule.
It could be a case of wrongful termination owing to retribution, for instance, if an employee complains to OSHA about workplace safety issues and is then fired.
One prominent cause of wrongful termination is contract breach. It occurs when a company breaks a worker’s contract by treating them unfairly.
Employees who meet the requirements of the Family and Medical Leave Act (FMLA) are entitled to take job-protected leave for certain family and medical reasons. However, that is unpaid. An employee who takes FMLA absence is protected from termination.
Employees with disabilities have a legal right to reasonable accommodations from their employers. It may be wrongful termination if an employer terminates an employee for requesting or using an accommodation.
What Role Can a Lawyer Play in Cases of Unfair Dismissal?
An attorney’s knowledge and skill are crucial assets in wrongful termination lawsuits. A person who feels they have been unlawfully fired can benefit from a number of services that lawyers offer.
Evaluation of Legal Matters and Counsel
Getting the opinion of an attorney is highly recommended. They will investigate the situation, weigh the evidence, and give you an objective verdict on the legitimacy of your claim.
A lawyer will know what to look for and how to get it to help your case. Documents, including employment agreements, corporate regulations, performance evaluations, and electronic correspondence, can be easily identified and gathered with their assistance.
Assistance in Legal Matters
A lawyer will argue on your behalf in court. They will argue for you, present your case, and cross-examine witnesses.
A lawyer can act as a mediator between you and your employer or their lawyers. They will aid you in negotiating a satisfactory settlement.