How Can You Prove Wrongful Termination?

Wrongful termination is all-too common, but in New Jersey and New York, the challenge lies in proving that the termination was not just unfair, but legally wrongful according to the complicated state and local laws at play. Working with a qualified wrongful termination lawyer in NYC is important in proving your claim.

Step 1: Laying the Foundation

Seeking a Qualified Wrongful Termination Lawyer in NYC

A wrongful termination claim can be very challenging to successfully prosecute, especially when there are various state-specific and even city-specific laws at play. Seeking the assistance of a legal professional who specializes in local employment law is always the wisest course of action. A lawyer can help you evaluate the merits of your case, assist you in gathering and preserving evidence, and represent you in all dealings with government agencies and any court proceedings.

Identifying the Basis for a Wrongful Termination Claim

The first step in proving wrongful termination is identifying the legal basis for the claim. In both NJ and NY, employment is typically “at-will.” This means that an employer can terminate an employee for any reason, as long as it’s not illegal. However, there are exceptions to this rule. Illegal reasons for termination include discrimination based on race, gender, age, religion, national origin, disability, or sexual orientation. Additionally, termination in retaliation for certain protected activities, such as whistleblowing or filing a discrimination claim, is unlawful.

For example, if you were terminated shortly after filing a complaint about workplace safety violations, this could constitute wrongful termination under whistleblower protection laws. Similarly, if evidence suggests that your termination was due to your age, while younger, less-qualified employees were retained, this might indicate age discrimination.

Gathering and Preserving Evidence

Once you have identified a potential legal basis for a wrongful termination claim, the next step is gathering evidence to support the claim. This can include written communications, witness statements, your employment contract, company policies, or any relevant documents that demonstrate a pattern of discriminatory behavior or policy violation by the employer.

In the case of alleged discrimination, it is helpful to show a pattern of the employer treating other employees similarly or differently. For instance, if other employees of the same race or gender were also terminated under questionable circumstances, this could strengthen your claim. At the same time, if employees of a different race were treated differently – and if you and they have essentially the same experience, training, performance, and time with the company – this also could be evidence of your claim.

Keep in mind that direct evidence of discrimination, like racist or sexist comments, is compelling but not always available. Circumstantial evidence, such as a sudden negative change in performance reviews without a genuine decline in your work, can also be useful but requires a skilled lawyer to make good use of.

Understanding State-Specific Laws and Protections

The New Jersey Law Against Discrimination (NJLAD) and the New York State Human Rights Law provide broader protections against discrimination than federal law. These state laws cover more employers and a wider range of discriminatory practices, and they may offer additional avenues for pursuing a wrongful termination claim.

It’s important to always work with a wrongful termination lawyer in the NYC area who knows these laws inside and out. As just one example, in New York, the law protects against discrimination based on familial status, marital status, and domestic violence victim status, which are not covered under federal law.

Step Two: Filing a Claim

The Process of Filing a Claim

After gathering sufficient evidence, your next step will usually be formally filing a wrongful termination claim. This process varies depending on whether the claim is based on a violation of federal, state, or local laws, or if it constitutes a breach of contract. In NY and NJ, there are specific procedures and timelines for filing a claim, all of which must be adhered to diligently for your case to be successful.

Filing with Government Agencies

For discrimination claims under state or federal laws, you typically need to file a charge with the Equal Employment Opportunity Commission (EEOC) or the respective state agency. In New Jersey, this is the New Jersey Division on Civil Rights, and in New York, it’s the Division of Labor. If you’re employed in the five boroughs of New York City, there are even more protections available under the city’s laws.

All these agencies will investigate the claim and can either resolve it through mediation or issue a “right to sue” letter, allowing you to proceed in court. Your lawyer can give you more information about your specific case and where to file.

Remember that the importance of meeting filing deadlines cannot be overstated. You must file within these deadlines, or you may lose your right to bring a claim at all. This is another reason it’s crucial to get the help of an attorney as soon as possible.

Breach of Contract Claims

If your wrongful termination claim is based on a breach of an employment contract, the process is different. Here, you would typically file a lawsuit directly in state court or with the National Labor Relations Board. The contract itself, whether written or implied, dictates the terms and conditions of employment and termination, so having evidence of the contract terms and how they were breached will make an effective case.

Documenting and Calculating Damages

An important aspect of a wrongful termination case is calculating potential damages. Damages in these cases can include lost wages and benefits, compensation for emotional distress, and, in some cases, even punitive damages. Keeping careful records of your job search efforts, any lost wages, and other financial impacts of the termination is important in making accurate calculations. In the case of emotional distress, maintaining a record of any medical treatments or counseling you’ve needed can be helpful, as can the testimony of friends and family.

Step 3: Building Your Case

Analyzing the Employer’s Justification for Termination

One key component of your case will be to challenge the employer’s stated reasons for termination. Most employers will never admit discrimination. Instead, employers cite performance issues, company restructuring, or policy violations as reasons for termination.

Your task (or rather, your lawyer’s task) is to demonstrate that these reasons are false, pretextual, or were applied in a discriminatory manner. For instance, if an employer claims poor performance as the reason for termination, but you have consistently received positive performance reviews and accolades, this inconsistency can be used to challenge your employer’s justification.

Legal Precedents and Case Law

Referencing legal precedents and case law that support your claim can also be helpful. If there’s a precedent where a court found in favor of an employee who was terminated under similar circumstances of alleged discrimination or retaliation, this can be persuasive in your case. Having an attorney familiar with employment cases in the area is important here.

Presenting a Cohesive Narrative

Constructing a coherent narrative involves clearly demonstrating how your termination was wrongful under the law, weaving together evidence, legal arguments, and the human element. Your employment lawyer will take charge here and ensure your case is presented in the best way.

Proving wrongful termination isn’t easy, and every element mentioned above plays a crucial role in achieving a favorable outcome in your case. The key to success is having a qualified lawyer on your side. When you need help, contact the office of Katz Melinger PLLC right away to schedule a consultation.