Employment Lawyers in NJ Fight Illegal at-Will Firings

by | May 15, 2013 | Lawyer

Employment lawyers in NJ will tell you upfront the state is an at-will employment state. That means you are hired for an undetermined length of time unless you have a contract that specifically states otherwise. It doesn’t mean your employer can fire you for any reason, however, which is a common misconception. Legal help is available for people who lose their jobs or have their hours cut back unfairly.

Non-Discriminatory Firing

Obviously, an employer doesn’t have to keep you around if you cause trouble or do your job poorly. They have a right to see your paycheck as an investment in their business. If you are deterring from profits, you may find yourself out of work without any recourse. It’s important to pay attention to company policies and take them seriously.

Some of the most common reasons employment lawyers in NJ see for non-discriminatory firing are failing to get to work on time, missing work, missing work without notice and failure to perform. Unfortunately, people are also regularly fired for “insubordination,” which can mean everything from cussing out your boss to mentioning how much you make to someone else at the company. Sometimes insubordination claims are used to get rid of employees when they are really being discriminated against.

Seek Out Employment Lawyers NJ for These Reasons

There are a number of ways a boss can get rid of someone based on prejudice. If you get written up enough times for small, insignificant offenses, you can lose your job. When you file for unemployment, it’s regularly denied if your employer can show a paper trail of problems you had on the job. At this point, many people give up, even though they know they’re being discriminated against.

Hiring an employment lawyer can ensure you get the unemployment you deserve until you find a suitable replacement position. A lawyer can often show other employees were not written up for the same offenses or raise the question of significance to the judge. Having a uniform problem on one occasion typically is not a reason to be reprimanded, for instance. When other employees aren’t held to the same standards, it’s generally a sign you’re being discriminated against.

The New Jersey Law against Discrimination, or LAD, prevents employers from penalizing, firing or refusing to hire people based on the following: race, nationality, religion, country of origin and ancestry, age, pregnancy, sex, marital status, parental status, gender identity, sexual orientation, physical or mental medical disability, genetic information or atypical hereditary cellular or blood trait. New Jersey’s laws are more expansive than many other states, meaning employees aren’t always aware their issues are covered. If in doubt, employment lawyers in NJ can help you determine if you have a case.

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