New Jersey is an at-will state, which means that the employee-employer agreement is at-will and not necessarily long-term. Either person may cancel their contract at any time. At-will employees don’t sign contracts and are not a part of a union. While employers may be able to fire an at-will employee without cause, they cannot fire them for certain reasons.
At-Will Protections
Even in an at-will agreement, employers can’t fire an employee for any of the following reasons:
- Age
- Gender
- Race
- Pregnancy
- Disability
- Military status
- Religion
- National origin
- Gender identification
At-will employees also can’t be fired for failing to break the law or public policy. Employers are also not allowed to fire an employee for reporting wrongdoing.
Acceptable Reasons for Firing an At-Will Employee
An at-will employer can fire an at-will employee for things like poor performance, violating company rules, frequent call-offs, or because they no longer need them. An at-will employer doesn’t technically need a reason to fire someone, as long as they don’t because of a reason that’s protected.
Why are Express/Implied Contracts?
Expressed and implied contracts may offer some employee protection. Employees who have a written contract can’t be fired without violating the terms of their contract. A written contract is a type of expressed contract. An implied contract may be harder to identify but may include a verbal agreement or commitment.
If you believe that you and your employer were in an implied contract and you were wrongfully fired, it may be worth reaching out to an employment lawyer.
How Do You Know What Type of Employment You Have?
Unless you sign a contract, you’re likely in an at-will agreement when working in New Jersey. It’s possible for an employer to change at-will employment, but this often requires that both parties sign a contract. If your employer wants you to sign an employment contract, make sure you review the terms and requirements in detail.
How Can an Employment Lawyer Help Your Case?
In New Jersey, you can’t be fired legally for any protected category, like age or gender. If an employer does fire you based on this, you may report them to the Equal Employment Opportunity Commission (EEOC). If your employer is found to be discriminatory, you may also file an employment discrimination case against them. This may help you recover the costs you incurred as a result of the wrongful firing, including lost wages and back pay. An employment case can also help you recover any legal costs you have spent due to unfair treatment.
It can be difficult to prove that you were fired for things like age or race, especially in an at-will state. Because you’ll need strong evidence to prove your case, it can be helpful to work with an employment lawyer. Your lawyer will help review emails, policies, and talk with previous and current employees to build your case.
Most employees in the United States are at will. While this may not offer you a lot of employment protections, it does protect you from being fired due to age, gender, pregnancy, disability, or any other covered category. If fired, you may have legal rights to file a case against your employer.
Contact a Moorestown Employment Lawyer to Discuss Your New Jersey Workplace Discrimination Case
Being discriminated against at work can put you in a difficult situation. Although New Jersey laws are supposed to protect you, employers can still be guilty of discrimination. That is why you should speak with a knowledgeable employment lawyer about your situation and get guidance throughout the claims process. The experienced employment attorneys at Attorneys Hartman, Chartered represent clients in Medford, Voorhees, Moorestown, Marlton, and all across New Jersey. Call 856-393-6073 or email us today to schedule a free consultation about your workplace discrimination case. Our main office is located at 68 E Main St, Moorestown, NJ 08057.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.