How to Know If Your Termination Was Illegal

How to Know If Your Termination Was Illegal

Though most employers have an “at-will” clause in their employment agreements, you can still take legal action if you believe you were wrongfully terminated. “At will” employees can be terminated from job positions at any time, but there are exceptions to the “at-will” rule that can assist you in taking legal action.

Exception #1: Written Contracts

If there is a written contract that states the duration of employment or other clauses such as firing being dependent on good cause, then you may have a strong case for wrongful termination in court.

Exception #2: Implied Contracts

This exception to the “at-will” rule is not as strong of an argument as a written contract. However, it may be used in court for your wrongful termination claim. The courts may consider the length of employment, promotions and performance reviews.

Exception #3: Infringement on Public Policy

Employers cannot terminate a position for participating in the following events:

  • Taking time off from work to vote
  • Taking off time to serve on jury duty
  • Armed forces deployment
  • Informing the public of an employer’s legal violations

Exception #4: Discrimination

Employers are not allowed to fire “at-will” employees based on their race, national origin, gender, religion, pregnancy or disability. If you believe that your termination was based in discrimination, then you may want to seek legal advice before proceeding further.

Garland & Mason, L.L.C. helps employees in Monmouth, Middlesex, Ocean and Mercer Counties determine if their employment practices are in accordance with state and federal laws. If you believe that you’ve been wrongfully terminated or have an employment-related claim, then contact our New Jersey employment lawyer.



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