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Wrongful Termination Archives

Beware severance packages in wrongful termination situations

In an age where silver linings often seem hard to come by, you may think that getting an offer of a severance package if your employer lets you go is a great blessing. While this may be true, it's also a red flag that your employer is trying to buy your silence and cooperation if you were mistreated.

Wrongful termination and employment agreement violations

When most people think of wrongful termination, they generally envision an employer discriminating against an employee when firing them, or letting someone go as retaliation for speaking up about poor work conditions or violations of regulations. However, some wrongful terminations are far less personal or even intentional. If your employer fired you in violation of your employment agreement, this may also constitute wrongful termination.

College president fights back after firing

Wrongful termination can happen in just about any setting, not only the public business sector. Recently, right here in New Jersey, the president of a college and an attorney for the institution filed a lawsuit alleging that they were let go after looking into financial issues within the school. According to the suit, the plaintiffs claim that the Board of Trustees colluded to oust the two after they raised concerns about certain conduct within the financial department, some of which may have even qualified as criminal.

New Jersey company forced to pay after unfair firing

Many times, when an employee is let go, they may feel as though they were wrongfully terminated but have no real recourse to fight for their rights — especially if they were terminated by a large employer. However, no employer should be let off the hook for a legitimate wrongful termination, and there are specific laws that protect employee rights when this does happen. Sometimes, what you really need is a strong legal team willing to stand up for the employee's rights.

Was I wrongfully terminated after my injury?

If you lost your job after filing a workers' compensation claim for an on-the-job injury, you may be justifiably angry. After all, your injury occurred on the job, and isn't it illegal to fire someone after filing a worker's compensation claim? Unfortunately, there is no automatic yes-or-no answer to this dilemma, and the circumstances of your injury have a great deal to do with how your employer may respond to your injury and recovery.

Was your employment contract violated when you were terminated?

When a person believes that he or she has been wrongfully terminated, that often means the employee believes he or she has faced some form of discrimination or that the employer illegally retaliated against the employee for reporting a safety or procedural violation. However, some forms of wrongful termination are more technical and possibly less about an interpersonal conflict. If you have an employment contract, then there may be specific provisions in the contract that dictate how you may be terminated, and what that termination would trigger as a result. If you were terminated in a way that violated your contract, this can also be a form of wrongful termination that is legally actionable.

If you've been fired, stay calm and take action

Most all of us, at one time or another throughout our lives, will experience being terminated from a job. However, just because it happens to many people doesn't mean it was rightfully done in your case. It is difficult to say here whether or not your termination was wrongful or not — there are many variables that must be carefully evaluated in each instance. If you believe that your termination may have been wrongful, then there are steps you should take to build the strongest case possible.

What is a retaliatory firing?

Whenever a person is let go from a job, there is the potential for that person to feel that he or she has been wrongfully terminated. There are a number of reasons that a job termination may not be legal, and it is important to have a good grasp on the basics of wrongful termination laws to help you evaluate if your experience was illegal or simply frustrating. One of the key elements to many wrongful termination cases is whether or not the firing was retaliatory.

What is a constructive discharge?

As an employee, it is always possible that you may be terminated for unfair or discriminatory reasons, which is the basis of a traditional wrongful termination suit. However, depending on various elements of the case, you may be able to file a variation of a wrongful termination suit, even if you leave your job voluntarily. In legal terms, this is known as "constructive dismissal."

Can I be fired because of an on-the-job injury?

Being let go from a job is never an easy experience, and almost always the individual who is fired is made to feel that he or she is personally responsible for the event. In reality, however, there are many instances in which the employer is in the wrong for either the way in which they terminated an employee or the grounds for that termination. In many cases, a termination may occur because the employee, through no fault of his or her own, is inconvenient to employ, or presents a financial burden that the employer does not want to meet. The details of each case are different, but many instances of an employee being let go subsequent to an on-the-job injury are grounds for a wrongful termination suit.

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