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5 Misconceptions About Wrongful Termination

5 Misconceptions about Wrongful Termination

Most of us work for at least half a dozen firms during our lifetime. The median for changing jobs in a lifetime is actually 12, and the average employee serves an employer for approximately 4 years before moving on. Sometimes you get fired, and other times you submit your resignation – it’s all part of how life works. An employment termination letter that comes without prior warning or notice can be troubling. You might feel wronged or betrayed if the employer laid you off without an explanation.

The thing is that employers have full liberty to fire workers, unless the employment contract has specific provisions prohibiting them from doing so. Moreover, most states in the country support at-will employment, which allows employers to fire workers without justifying their actions; also, employees can leave a job at their convenience and not worry about any legal consequences.

Employment Attorney in New Jersey reveals common misconceptions about wrongful termination, so you can understand your legal rights and limitations:

1. An abrupt Termination is always Wrongful

An abrupt termination may seem unfair, though it is not necessarily illegal. If you don’t possess an employment agreement that enlists permissible grounds for termination, you cannot contest a seemingly unreasonable decision. Unless the contract prohibits the employer from firing you until a term/project is completed or you commit a particular violation, you don’t have a case. For example, an employer can fire an employee for excessive use of smartphone on the job, even if it happened only once and he/she wasn’t given any warning regarding the issue.

2. The Employer will settle quickly

Many individuals who file a claim or lawsuit against their employer expect them to settle quickly for the sake of their company’s reputation. Unfortunately, these assumptions seldom hold true because your wrongful termination is unlikely to make headlines (unless you are a celebrity). The only way to coerce an employer into settling immediately is by presenting solid evidence that shines a light on their misconduct and delivers confirmation of your loss. If your claim leads to litigation, you might receive compensation after a very long time or perhaps return empty-handed.

3. Employment Law won’t protect me for Whistleblowing

If your employer is involved in some shady business or illegal activity is underway at your workplace, it is your moral duty to report it to law enforcement. Many people keep quiet about these things due to fear of losing their job. Believe it or not, doing the right thing will not take away your source of livelihood. Every state has laws for protection of whistleblowers, which means that employers are not permitted to retaliate. If you are fired for whistleblowing, you can sue the employer for wrongful termination on the basis of retaliation.

4. If I resign, I cannot Sue

Some notorious employers do not fire a worker, but pressurize them into resigning in order to avoid a number of employment law liabilities. If the environmental conditions and/or behavior of people at work becomes intolerable, you are left with no choice but to quit. If you resigned from your job in response to being harassed or assaulted, it still counts as wrongful termination and you must sue the company for your damages.

5. Discrimination Laws only protect Women and Minorities

Most of the workplace discrimination lawsuits involve wronged women and minorities (people of color, LGBTQ members, etc.), but that does not mean that the law does not protect anyone else. You can be discriminated even if you are a middle-aged white man. For example, you might be bullied or ridiculed for your sexual orientation, religious beliefs, a disability/medical condition, or some physical attribute. Whatever the case, you can claim compensation for being wrongfully terminated over something that is out of your control.