How do you determine whether your firing was justified or wrongful? The vast majority of jobs are “at will,” meaning that workers can be let go at any moment, for any reason, or for no reason at all (as long as the reason is not illegal). It is important to note that there are important caveats to the at-will rule and legal remedies that may save you from losing your job or causing your former employer to be held responsible for wrongful termination.

Obtain legal advice from an Employment Discrimination Lawyer in New Jersey who is experienced in handling your specific case.

Declarations Made in Writing

On the contrary, you are not an at-will employee if you have a formal contract or other document guaranteeing your position. You might, for instance, have a clause in your job contract that states you can only be terminated for “just cause” or the grounds specified therein. You may also have assurances for your continued employment in the form of a written offer letter or contract. If that’s the case, you might be able to take legal action to make them stick. 

Inferred Guarantees

Another exception to the at-will principle is where there is an implicit employment contract based on the actions and words of the employer. Since most companies are wary of making such guarantees, proving this may be challenging. However, implicit contracts have been recognised in cases where employers have pledged “permanent employment” or employment for a particular amount of time or when employers have outlined specific types of progressive discipline in an employee manual.

The courts consider several factors when determining whether or not an implied employment contract exists.

The time you’ve been with the company

whether your employer breached customary employment practise in terminating you, such as failing to provide a needed warning, and whether promises of long-term employment were provided when you were employed.

Discrimination

Even at-will employees cannot be fired for illegal reasons, such as discrimination, and this includes both public and private sector employers. An attorney should be consulted immediately if you feel you have been discriminated against in the workplace due to your race, colour, national origin, gender, religion, age, handicap, pregnancy, or genetic information. Discrimination claims, for example, are subject to tight time limits and rules, such as the requirement that a complaint of discrimination be filed with a state or federal agency before you can sue your employer in court.