Common types of wrongful termination and discrimination in New Jersey.
Do you believe that you were wrongfully terminated in New Jersey?
One of the most common claims that an employment law firm receives are for wrongful termination claims. Terminations, suspensions or adverse employment actions are unfair and wrongful to you. The question is whether your termination was illegal. In order for the adverse employment action to be illegal, and not just wrongful, we will need to demonstrate that the adverse employment action was taken against you based on a protected characteristic or in retaliation for you complaining about discrimination, harassment or illegal acts in the workplace. You may have blown the whistle on your employer and have been terminated. These are the types of things that would allow you to have a lawsuit against your employer. If they cannot demonstrate that your termination was in violation of the New Jersey law against discrimination or the conscientious employee Protection Act, you may not have a potential claim against the employer. A discrimination lawyer will also evaluate the federal laws and other statues to determine whether you have a potential claim.
It is important to do an in-depth review of your claim to determine whether your termination was wrongful and illegal. In order to determine whether your termination was wrongful, an employment attorney will discuss your situation with you in detail and evaluate the necessary documents and evidence to make that determination.
Below are 3 common types of wrongful termination and termination:
1. It is illegal in the state of New Jersey to discriminate or terminate against someone because of their sexual orientation. Employers cannot treat you differently because you are gay or a homosexual. New Jersey’s law against discrimination prevents discrimination based on sexual orientation and perceived sexual orientation. That means that your employer cannot subject you to an adverse employment action due to you being gay or the employer believing that you are a homosexual. Your sexual orientation cannot prevent you from having the same opportunities in the workforce as any of your coworkers. If you have been treated differently in the workplace due to your sexual orientation, you should contact a New Jersey sexual orientation discrimination lawyer to discuss your claim in detail. Sexual orientation discrimination is an ongoing problem is in the workforce.
A qualified sexual orientation discrimination lawyer will have handled multiple cases on behalf of homosexual workers who were denied promotions and terminated based on their sexual orientation or what their employer believed to be their sexual orientation. Many clients who were discriminated against never disclosed to their employer or anyone at work that they were gay. Instead, the employer inferred they were gay based on their lifestyle choices being single or not discussing a significant other. It is illegal for an employer in the state of New Jersey to do this. If you have any questions regarding how you were being treated at work and believe it may have been based on your sexual orientation, you should contact a New Jersey sexual orientation discrimination lawyer immediately as there is a two year statute of limitations for your claim. Contact our New Jersey Wrongful Termination Lawyers today to get immediate assistance.
2. The New Jersey law against discrimination protects employees from being discriminated against based on their pregnancy. That means an employer cannot treat an employee differently in the workplace due to their pregnancy. An employer cannot suspend, terminate, do your duties, reduce your pay or take any other adverse employment action based on your pregnancy. In order to demonstrate pregnancy discrimination, a New Jersey pregnancy discrimination lawyers will evaluate how you were treated in comparison to your coworkers. The law refers to your coworkers as comparators and we will determine whether you were treated differently than those who were not pregnant or have never been pregnant.
Pregnancy discrimination can be very difficult to prove due to most employers not coming out and saying that they are taking an action against you based on your pregnancy. Instead, the case is proven through circumstantial evidence by demonstrating that the employer was treating other employees who were not pregnant more favorably or differently than you. In the event you were terminated for pregnancy discrimination, you would be entitled to damages from your employer. The damages will range from all lost wages, lost pay and benefits, and emotional distress damages as a result of the wrongful termination. You would also be entitled to damages against the employer in the event that we are able to prove that the discrimination was done intentionally and willfully.
3. It is illegal in the state of New Jersey to discriminate against an employee based on their disability. An employer is prohibited by law from failing to hire, promote or terminating an employee due to a disability. A New Jersey discrimination lawyer will meet with you and discuss your potential claim to determine whether there is a viable claim of discrimination based on your disability. They will evaluate how you were treated compared to your coworkers who were not disabled. They will also evaluate whether you had requested a reasonable accommodation at your employer which was either denied or where the employer failed to enter into the interactive process of determining whether your accommodation could be granted. They will also analyze whether your employer may have violated the Family Medical Leave Act or Americans with Disabilities Act. Disability discrimination is an ongoing problem in the workplace and the New Jersey law against discrimination was enacted in order to help prevent that type of discrimination and provide a remedy for victims of disability discrimination. In the event your disability discrimination lawsuit is successful, you will be entitled to damages from the employer. The damages consist of lost back and future pay, emotional distress damages resulting from your termination or adverse employment action and punitive damages against the employer in order to punish them for discriminating against you due to your disability. Contact our New Jersey Wrongful Termination Lawyers today to get immediate assistance.