Understanding Wrongful Termination: Know Your Rights
Losing your job is never easy, but it’s especially devastating when you believe your termination was unlawful. Wrongful termination occurs when an employer violates the law or breaches an employment agreement in the process of ending your employment. Knowing your rights and the steps to take can make all the difference in securing justice and fair compensation.
What Is Wrongful Termination?
Wrongful termination is more than just an unfair firing—it occurs when an employer dismisses an employee for reasons that violate federal or state laws. Examples include:
- Discrimination: Firing an employee based on race, gender, religion, disability, or another protected characteristic.
- Retaliation: Termination in response to reporting workplace violations, such as harassment or safety concerns.
- Breach of Contract: Dismissal that violates the terms of an employment agreement.
- Violation of Public Policy: Termination for reasons that go against public policy, such as refusing to engage in illegal activities.
- Protected Leave: Firing an employee for taking leave under laws like the Family and Medical Leave Act (FMLA).
If your termination falls into any of these categories, you may have a valid wrongful termination claim.
How to Identify Wrongful Termination
Determining whether your termination was wrongful requires a careful review of the circumstances. Key indicators include:
- Receiving vague or shifting reasons for your termination.
- Being dismissed shortly after filing a complaint or reporting misconduct.
- Evidence of bias, such as discriminatory comments or practices in the workplace.
- Violation of your employment contract or company policies.
Keeping detailed records of your termination process, including communications with your employer, can help support your claim.
Legal Protections Against Wrongful Termination
Employees are protected by various federal and state laws, including:
- Title VII of the Civil Rights Act: Prohibits termination based on race, gender, religion, or national origin.
- Americans with Disabilities Act (ADA): Protects employees from dismissal due to a disability.
- Family and Medical Leave Act (FMLA): Protects employees taking medical or family leave.
- New Jersey Law Against Discrimination (LAD): Offers robust protections against discriminatory terminations in New Jersey.
These laws ensure that employers cannot terminate employees for illegal or discriminatory reasons.
What to Do If You’ve Been Wrongfully Terminated
If you suspect your termination was unlawful, taking the following steps can strengthen your case:
- Document Everything: Keep records of your termination, including termination letters, emails, and performance reviews.
- Request a Reason: Ask your employer for a written explanation of your dismissal.
- File a Complaint: Report the violation to relevant agencies, such as the Equal Employment Opportunity Commission (EEOC).
- Consult an Employment Lawyer: An attorney can review your case, gather evidence, and represent you in negotiations or court proceedings.
How Castronovo & McKinney Can Help
Castronovo & McKinney, LLC specializes in representing employees who have been wrongfully terminated. Our experienced attorneys can:
- Analyze your termination to determine if it violates federal or state laws.
- Assist in filing complaints with the EEOC or other agencies.
- Negotiate settlements for lost wages, benefits, and emotional distress.
- Litigate on your behalf to secure the justice you deserve.
With a proven track record of success, we are committed to helping employees hold employers accountable for unlawful terminations.
Stand Up Against Wrongful Termination
If you believe you’ve been wrongfully terminated, don’t wait to seek legal assistance. Contact Castronovo & McKinney, Wrongful Termination Lawyers today for a consultation. Let us help you protect your rights and fight for the justice you deserve.
