When you’re terminated from your job, it can be a very difficult and stressful time. However, if you think your employer has wronged you, you may be able to fight your claim. The key to winning your case is to gather all of the evidence you can, make sure your rights are protected and speak to an attorney if needed.
There are many reasons for getting fired at work, and if you feel that your employer has unfairly fired you, it’s important to find out what kind of rights you have as an employee. For example, if your employer discriminates against you because of your race or ethnicity, religion, nationality, age, disability, or gender, you have rights under federal and state anti-discrimination laws.
A wrongful termination is a type of employment dispute that can result in financial losses and emotional distress. The laws governing wrongful termination vary from state to state, and you should contact an attorney for help determining whether you have a case.
The most common reasons for wrongful termination are discrimination and retaliation. In most cases, discrimination against employees can be found in violation of federal and state anti-discrimination law. It’s also illegal for employers to fire employees because they filed a workers’ compensation claim or reported an illegal activity on the job.
If you have been fired for discrimination, it is important to prove that the discrimination was based on a protected characteristic. The most common examples are race, religion, sexual orientation, and gender identity, but it’s important to show that the discrimination is based on something you did or did not do.
Discrimination is a big issue in the workplace, and it’s important to understand your rights as an employee. If you feel that your employer has discriminated against you in a way that is unfair, it’s important to file a complaint with your state’s labor office.
You’ll need to prove that the discrimination occurred, and you need to establish that it was a big deal. The most common ways to do this are to provide witnesses, gather evidence, and make an oral statement.
Your case can also be strengthened by disproving the official reason for firing you, and by proving that other similar employees were not fired. This is especially true if you can demonstrate that your employer was merely avoiding a legal obligation or taking a bad business decision when terminating you.
Breach of contract: The employment law will allow you to bring a wrongful termination claim if your employer breached the terms of your job contract. It’s important to review your employment contract and company handbook, or talk to an attorney about these documents.
Retaliation: If you were fired in retaliation for doing something that was against the company’s policy, it’s important to gather evidence and speak to an attorney. It’s not always easy to prove retaliation, but it is possible.
In addition, you can bring a wrongful termination claim if you believe your employer has unlawfully retaliated against you for reporting a health or safety hazard. In New Jersey, the Conscientious Employee Protection Act (CEPA) protects whistleblowers from retaliation by their employers.
