Walker & Hern is proud to represent the interests of employees across the state of New Jersey. Our job is to ensure that your race, sex, age, ancestry, national origin, pregnancy status, disability, sexual orientation, or any other protected class is not held against you in the workplace. When a workplace turns hostile or an employee is wrongfully terminated, our legal team is ready to stand up against these injustices. If you have suffered a monetary loss or any other damages as a result of your employer’s actions, we can help you recover the compensation you deserve. Walker & Hern is committed to serving clients across New Jersey and the United States who have been the victims of discrimination and retaliation in the workplace. For quality legal representation from a New Jersey Employment Law attorney you can trust, contact Walker & Hern today to schedule a consultation.
At Walker & Hern, we represent both individuals and corporations when a legal matter arises. Some of the many areas of employment law we practice include the following:
Individual Related Employment Law Practice Areas in New Jersey:
Corporate Related Employment Law Practice Areas:
When an employee is unlawfully dismissed or terminated, they will oftentimes consider their legal options going forward, as they may have a valid wrongful termination claim. With the help of an experienced legal team, you may bring a successful wrongful termination case against your employer and recover the damages your employer may owe you.
New Jersey is one of many states that implements employment-at-will. This means that any business can make personnel changes as they see fit, including hiring and termination, without the need to justify those decisions to anyone. Additionally, employees are permitted to resign from their jobs without cause or legal consequences as well. With that said, you should understand that New Jersey has two major exceptions to the employment-at-will policy. These include:
If you are wrongfully terminated under either of these conditions, you may sue your employer for wrongful termination. Walker & Hern can assess your case.
As stated above, one of the exceptions to employment-at-will in New Jersey is that the employer broke an implied contract with the employee. An employment contract typically includes the employee’s wages, hours, benefits, and absence policy. Sometimes, these contracts include conditions on the duration of employment or limitations on how you can be terminated. If your employer fires you outside of these terms, you may file a claim for breach of contract.
When a job offer is verbally implied and does not include a written contract, the lines can become blurry. When an employment handbook includes language that states an employee can be terminated or otherwise disciplined for “just cause,” the employer has exempted themselves from being protected by employment-at-will policies. In this situation, the employee handbook would act as an implied contract, and ultimately, would require that the termination occurred due to a specific cause. There are a few other situations where you might have a wrongful termination claim, such as if you were a long-term employee in good standing who was terminated upon nearing your pension benefits or retirement.
The other employment-at-will exception in New Jersey is public policy. If your employer terminates you because you utilized a public policy such as the Family Medical Leave Act or Workers’ Compensation, you may have a wrongful termination case. These, and other policies, protect employees from being let go when they need to handle serious personal matters, among other things.
Additionally, this exception can apply to employers who violate established laws or employees who refuse to violate laws upon the request of his or her employer. Employees can also report their employers for violating New Jersey’s Laws Against Discrimination and are protected from termination. An employee who has been fired for their race, gender, religion, disability, age, pregnancy, or any other protected class, can take legal action against their employer for wrongful termination. This also applies to any employee who has reported harassment, retaliation, or other behaviors that are discriminatory, in addition to whistleblowing. As an employee, you must know your rights. If you need a legal team to represent your interests after being wrongfully terminated, contact Walker & Hern today.
If you have been the victim of discrimination, harassment, retaliation, or wrongful termination in the workplace, you must have strong legal representation on your side. The legal team at Walker & Hern has decades of experience serving clients across the state of New Jersey, which is why we know we have what it takes to help you attain the justice and compensation you deserve. For strong legal representation when you need it most, contact Walker & Hern today to learn more about how we can help you through the legal process ahead.