Most employees in New Jersey are at-will employees. This means that in New Jersey, most employers can terminate employees whenever they want and for whatever reason. However, employers in NJ are prohibited from firing employees for illegal reasons. There are several reasons why a termination in New Jersey may be wrongful. First, a termination may be wrongful if the reason for termination is discriminatory. Second, a termination may be illegal if the reason for the termination violates a public policy. Third, if the reason for termination violates a statute, the termination may be considered illegal. Finally, a termination in New Jersey may be regarded as unlawful if the reason for the termination violates an express or implied contract.
If an employer wrongfully terminated you in New Jersey, you can pursue a wrongful termination lawsuit against them. Below, we discuss the steps of a wrongful termination lawsuit;
Step #1: Gathering Evidence
You must have sufficient evidence to show that you were fired for an illegal reason. Therefore, the first step is gathering evidence. You should gather all written documentation that can help you show that you were fired for an illegal reason. Examples of written documentation that can help you support your wrongful termination claim include;
- Documentation of official communications such as emails or memos
- Your personnel file
- Your job performance reviews
- Employee handbook
- Your employee contract (if applicable)
- Union contracts
- Written testimonies from co-workers
- Company policies
- Pay stubs
- Your termination notice
If you were terminated face to face and not in writing, keep a written record of what was said when you were fired, the date you were fired, where the termination occurred, and the names of anybody present.
Step #2: Hiring a Qualified Employment Lawyer
The complexities of wrongful termination cases can make it difficult for you to handle your case alone. So while you are not required to hire an employment lawyer to file your claim, it is best that you do. Apart from hiring an attorney because of the complexities of wrongful termination cases, hiring an attorney is in your best interest because the defendant will have an attorney aggressively fighting for them. You also need someone by your side fighting for you to ensure you receive the justice and compensation you deserve.
Step#3: Filing Your Complaint
Your attorney will help you determine where you need to file your claim. They will help you file your claim. Depending on the cause of your wrongful termination, you can file your complaint with the NJ Division on Civil Rights, the EEOC, or in civil court.
Step #4: Discovery
The discovery phase comes before a wrongful termination case goes to trial. This is the stage where each party must share relevant documents and information about the case.
Step #5: Alternative Dispute Resolution
In New Jersey, you can settle your wrongful termination case before it gets to trial. In NJ, most wrongful termination lawsuits do not go to court. They settle outside court through negotiation, mediation, or arbitration.
Step #6: Trial
If you cannot reach an agreement through negotiations and mediation or arbitration does not work, your case will go to trial, where you will present evidence, and a judge or jury will make the final decision about your case.
Contact the Trabosh Law Firm
If you’ve been wrongfully terminated and need the help of a qualified and dedicated employment lawyer, contact the skilled New Jersey employment lawyer at the Trabosh Law Firm.