Cherry Hill Wrongful Termination Lawyers

In the state of New Jersey, employers have the right to terminate their employees at any time and for any reason. However, there are some exceptions. If an employer is found to have dismissed a worker for a reason that violates the law, the worker may have grounds for a wrongful termination suit. If you believe you have been fired illegally, the experienced Cherry Hill wrongful termination lawyers at The Gold Law Firm P.C. can provide you with skilled legal counsel regarding the validity of your claim.

What is Wrongful Termination?

Wrongful termination occurs when a worker is fired for an illegal reason. Wrongful termination may also be called wrongful discharge or wrongful dismissal. Illegal reasons for wrongful termination include the following:

Discrimination. A worker cannot be terminated because of their age, disability, gender, national origin, race, pregnancy, or religion, among other factors.

Retaliation. It is illegal for employers to retaliate against workers by firing them for certain causes. This includes whistleblowers, employees who file for Workers’ Compensation, employees who seek just payment for overtime, employees who file sexual harassment claims, or employees who are unwilling to lie or do something illegal.

Breach of contract. If an employee has a valid employment contract, such as a collective bargaining agreement, the employer cannot violate the terms of the contract.

Despite the many legal protections afforded to workers in New Jersey, many employees are still wrongfully terminated, even though they are satisfactorily performing their jobs.

What are the Laws Against Wrongful Termination?

There are a number of laws at state and federal levels that include protections against wrongful termination, including the following:

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sex.
The Americans with Disabilities Act (ADA) makes it illegal to fire or demonstrate unfair treatment to qualified employees with mental or physical disabilities; furthermore, employers must make a reasonable effort to accommodate employees’ disabilities.
The Age Discrimination in Employment Act (ADEA) protects workers aged 40 and older from being fired just because of their age. Cases include companies that fired older, experienced workers while retaining younger workers during reductions in mass layoffs.
The Pregnancy Discrimination Act prohibits employers from firing a woman simply because she is or intends to become pregnant.
The Family and Medical Leave Act (FMLA) requires employers to provide unpaid leave for qualified medical and family reasons. Workers cannot be fired simply because they take time off under the FMLA.

In addition to federal laws, workers in New Jersey are covered by the New Jersey Law Against Discrimination (NJLAD). This statute has broader definitions for disability and age, more accommodations for pregnancy and childbirth, and extends protections to transgender workers and others who experience hostile work environments for reasons due to religion or gender expression.

What Type of Settlement Can I Receive for Wrongful Termination?

Wrongful termination occurs under a wide variety of circumstances. Since every case is unique, there is no way to predict what type of settlement you can expect to receive for wrongful termination. However, the following claims filed with the EEOC provide a glimpse into the amount of settlements awarded in the past for various reasons:

An employee with Type II diabetes won a $180,000 settlement because her drug store employer fired her after she ate a bag of potato chips during a hypoglycemic attack.
A cook at a nursing home won a $50,000 settlement because she was fired for not reporting to work after she requested medical leave to undergo surgery for breast cancer.
An employee won a $90,500 settlement because she was fired after requesting leave to recover from postpartum depression, even though the leave time was available under her employer’s policies.

If you were fired illegally, you can file a federal wrongful termination claim with the New Jersey Division on Civil Rights (DCR).