How an Employment Lawyer Can Protect You From Wrongful Termination

Being terminated from your job can be an overwhelming and stressful experience, particularly if you believe your termination was unlawful. Wrongful termination refers to being fired for reasons that violate federal, state, or local laws, or in breach of your employment contract. If you believe that your termination was wrongful, it’s crucial to consult with an experienced employment lawyer to protect your rights and explore your legal options.

What is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee for reasons that are illegal under employment law or in violation of an employment contract. Some of the most common reasons for wrongful termination include:

• Discrimination: Firing an employee based on their race, gender, religion, age, disability, or any other protected characteristic is considered unlawful under both federal and state laws, such as Title VII of the Civil Rights Act and the New Jersey Law Against Discrimination (LAD).
• Retaliation: Employers are prohibited from firing employees in retaliation for reporting illegal activities, such as workplace harassment, safety violations, or discrimination.
• Violation of Employment Contract: If you have a written or verbal contract that outlines the terms and conditions of your employment, and your employer terminates you in violation of those terms, this can constitute wrongful termination.
• Whistleblowing: If you are terminated for reporting fraudulent activities or unsafe practices in the workplace, you may have been wrongfully terminated under whistleblower protection laws.
• Family or Medical Leave: Under the Family and Medical Leave Act (FMLA), employees are entitled to take medical leave for personal health reasons or to care for a family member without the fear of losing their job. Terminating an employee for taking FMLA leave is a violation of the law.

These are just a few examples of wrongful termination, and every case is unique. If you suspect that you were fired for an unlawful reason, it is essential to speak with an employment lawyer to understand your rights and determine the best course of action.

How an Employment Lawyer Can Help

If you believe you have been wrongfully terminated, consulting with an employment lawyer is crucial to ensuring that your rights are protected. Here’s how a skilled employment lawyer can help you:

• Evaluate Your Case: An employment lawyer can carefully review the facts of your case to determine whether your termination violates any federal, state, or local employment laws. They will assess whether you were fired for a discriminatory reason, in retaliation, or in breach of your contract.
• Advise You on Your Legal Options: Once the facts of your case are assessed, your lawyer will advise you on the best course of action. Depending on the circumstances, this could involve filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the New Jersey Division on Civil Rights (DCR), or taking legal action through a lawsuit.
• Negotiate a Settlement: In many cases, wrongful termination disputes can be resolved through negotiation or mediation. A lawyer will help negotiate a settlement with your employer to ensure that you are fairly compensated for lost wages, emotional distress, and other damages caused by the termination.
• Represent You in Court: If your case cannot be resolved through negotiation, an employment lawyer will represent you in court. They will present evidence, call witnesses, and make legal arguments on your behalf, working tirelessly to achieve the best possible outcome for your case.
• Protect Against Retaliation: If you face retaliation after challenging your termination, your lawyer can help protect your rights by filing retaliation claims and taking appropriate legal action to prevent further harm.

Having an experienced lawyer on your side ensures that your wrongful termination claim is handled professionally and efficiently. An employment lawyer will advocate for you and fight to secure the compensation and remedies you deserve.

Why Wrongful Termination Cases Are Challenging

Wrongful termination cases are often complex due to various factors, such as the difficulty of proving discrimination or retaliation. Employers may attempt to justify their actions with legitimate business reasons, such as poor performance or restructuring, even if the true motive is unlawful. Additionally, wrongful termination claims can involve complicated legal concepts, such as employment contracts, company policies, and anti-discrimination laws. For these reasons, it is essential to have an attorney who is experienced in employment law to navigate these challenges and help you build a strong case.

Steps to Take if You Believe You’ve Been Wrongfully Terminated

If you believe that your termination was wrongful, take the following steps:

• Document Everything: Keep a detailed record of all events leading up to and following your termination. This includes emails, written communications, performance reviews, witness statements, and any other relevant information that may support your claim.
• Request a Written Explanation: If you haven’t already, ask your employer for a written explanation of the reasons for your termination. A clear reason will help you assess whether the termination was unlawful.
• Consult an Employment Lawyer: Consult with a lawyer as soon as possible to discuss your case and determine your legal options. A lawyer can help you understand your rights and develop a strategy to move forward.
• File a Claim: If applicable, your lawyer can help you file a wrongful termination claim with the appropriate agency, such as the EEOC or DCR. The sooner you take action, the better your chances of a successful resolution.

It is important to take action quickly, as wrongful termination claims have strict deadlines. The sooner you seek legal advice, the better your chances of securing a favorable outcome.

Why Choose Castronovo & McKinney?

Castronovo & McKinney, LLC is a well-established employment law firm in New Jersey with a proven track record of success in wrongful termination cases. Our experienced attorneys are dedicated to helping employees who have been unlawfully terminated and ensuring that their rights are protected throughout the legal process.

We understand the emotional and financial impact that wrongful termination can have on your life, and we are committed to fighting for your rights. Whether through settlement negotiations or litigation, we will work tirelessly to ensure that you receive the compensation you deserve.

Take Action to Protect Your Rights

If you have been wrongfully terminated, it’s important to take immediate action. The sooner you consult with an experienced employment lawyer, the stronger your case will be. At Castronovo & McKinney, Employment Law Attorneys, we are ready to help you navigate the legal process and fight for the compensation you deserve.