In New York and New Jersey, employees are “at will.” This means that an employer can let an employee go at any time and for almost any reason.
But there are important exceptions to the at-will doctrine, and employers open themselves up to legal liability if they terminate you for an illegal reason. If you suspect an employer has let you go illegally, you need top-flight legal representation.
Legal Reasons to Terminate Someone
There are many reasons why an employer could terminate an employee within the bounds of the law. For example:
- The employee fails to perform their job properly, e.g., tardiness, poor work ethic, customer complaints.
- The employee steals from the business.
- The employer faces declining profits and needs to let staff go. The boss terminates people based on seniority or how much you contribute to the company.
No one is entitled to a job. And if you are an at-will employee, you shouldn’t be too surprised if your employer needs to terminate you for one reason or another. Not every termination is illegal. In fact, most are perfectly legal.
Illegal Termination—Contract Violation
In some well-defined situations, an employer cannot terminate you. One common situation is that you have an employment contract that states you can only be fired “for cause,” and the reason your employer gives you does not satisfy the standard. In this case, your employer is violating the valid agreement you have, so you can often sue.
Illegal Termination—Employment Discrimination
State and federal law prohibit employers from terminating employees because of certain protected characteristics. For example, the following are flatly illegal:
- Your employer terminates you because of your race, ethnicity, or color.
- Your employer terminates you because of your sex, pregnancy or genetic information.
- Your employer terminates you because of your age, disability, or religion.
Realize that state law provides greater protection than federal law, and you can sue under either state or federal law. However, you need to file a discrimination charge with the appropriate administrative agency before you can have your day in court. The charge is necessary to give the agency a chance to investigate, especially if your employer is very large.
Illegal Termination—Retaliation
An employer also cannot terminate you because you report a violation, like employment discrimination or the violation of a law. Often, retaliation of this kind follows hot on the heels of your employer finding out that you blew the whistle on their illegal behavior.
With respect to retaliation, it does not matter whether you were the victim of discrimination/harassment or if someone else was the victim. You are protected either way.
Illegal Termination—Expecting You to Break the Law
An employer cannot require that you break the law and then fire you when you refuse. For example, a factory cannot expect an employee to dump toxic waste into a river if it is illegal. You should be able to sue for wrongful termination if an employer retaliates for your refusal to help them commit a crime.
Speak to a Leading Employment Law Firm
The above are only some examples of illegal termination. If you suspect that your termination was against the law, please reach out to a wrongful termination attorney today. We can help investigate what happened and determine whether you have a valid legal claim.
Contact the Sattiraju & Tharney, LLP today, 609-722-7039, to schedule an initial consultation.
FAQs About When is Termination Illegal
Can an employer in New Jersey or New York fire an employee for any reason?
New Jersey and New York generally follow at-will employment rules, which means employers can usually terminate employees for many reasons. However, there are important exceptions when a termination violates an employment contract, anti-discrimination laws, retaliation protections, or other legal rights.
What are some reasons a termination may be considered illegal?
A termination may be illegal if an employer fires an employee because of a protected characteristic, retaliates against someone for reporting wrongdoing, violates an employment contract, or punishes an employee for refusing to participate in illegal activity.
What should I do if I believe I was wrongfully terminated in New Jersey or New York?
If you believe your employer illegally terminated you, it is important to understand your rights and the circumstances surrounding your termination. Sattiraju & Tharney, LLP can help employees review potential wrongful termination claims and determine whether legal action may be available.