How to Address Unlawful Dismissals Under New Jersey Employment Law
Unlawful dismissal occurs when an employee is terminated from their job for reasons that violate state or federal laws. In New Jersey, employees have specific protections under employment law to safeguard them against unjust termination. Understanding how to address unlawful dismissals is essential for both employees and employers. Below are several steps and considerations to effectively navigate this process.
1. Know Your Rights
Under New Jersey law, employees are protected from being fired for discriminatory reasons, which include race, gender, age, disability, and other protected statuses. The New Jersey Law Against Discrimination (NJLAD) outlines these protections. Additionally, employees cannot be terminated for engaging in protected activities, such as filing a complaint about workplace harassment or reporting unsafe working conditions.
2. Document Everything
When facing an unlawful dismissal, it is crucial to gather evidence. Document all relevant communications with your employer, including emails, texts, and notes from meetings. Keep a record of your job performance, any disciplinary actions taken against you, and the circumstances surrounding your termination. This documentation can be essential in proving your case.
3. Review Employment Contracts and Company Policies
Examine your employment contract and the company’s employee handbook. Look for any clauses related to termination procedures, reasons for dismissal, and any policies regarding discrimination or retaliation. Understanding the contractual obligations of your employer can provide clarity on whether your termination was lawful.
4. Seek Internal Remedies
Before pursuing legal action, consider addressing the issue internally. File a complaint with your HR department or any designated personnel within your company. This route may resolve the issue without needing to escalate it further. Be sure to follow the company's grievance procedures and keep a record of your complaint.
5. Consult with an Employment Attorney
If internal remedies are insufficient or unavailable, consulting with an employment lawyer experienced in New Jersey employment law can provide guidance on your options. An attorney can help you understand your rights, evaluate the strength of your case, and represent you in negotiations or legal proceedings, if necessary.
6. File a Complaint with the Appropriate Agencies
If you believe you have been unlawfully dismissed, you can file a complaint with the New Jersey Division on Civil Rights (DCR) or the Equal Employment Opportunity Commission (EEOC). These agencies investigate complaints of discrimination and can provide support in seeking justice.
7. Be Aware of Statute of Limitations
Timing is crucial when addressing unlawful dismissals. In New Jersey, there are strict deadlines for filing complaints with both the DCR and the EEOC. Typically, complaints must be filed within 180 days to 300 days from the date of the alleged unlawful act. It is important to act quickly to preserve your rights.
8. Consider Alternative Dispute Resolution
In some cases, resolving wrongful termination disputes can be achieved through alternative dispute resolution (ADR) methods, such as mediation or arbitration. These processes can provide more informal environments for negotiation and may lead to satisfactory outcomes for both parties without the need for litigation.
9. Prepare for Potential Litigation
If your complaint is not resolved satisfactorily and your attorney advises you to proceed with litigation, you should be prepared for this process. This may involve filing a lawsuit against your former employer. Be aware that litigation can be lengthy and often requires significant evidence to support your claims.
Conclusion
Addressing unlawful dismissals under New Jersey employment law requires understanding your rights, gathering relevant documentation, and potentially seeking legal assistance. By following these steps, you empower yourself to take appropriate action in response to unjust termination.