Morris County Wrongful Termination Attorney Asserts Your Rights
Board-certified trial lawyer delivers positive results
The loss of your job in this competitive economy can be a devastating blow to you and your family. But if you were fired in violation of the law, you don’t have to take it lying down. For more than 25 years, Kevin T. Kutyla, Esq. has fought for workers in employment law disputes, including wrongful termination cases. If evidence suggests your firing was the result of discrimination or retaliation, you may be eligible for financial compensation and even reinstatement. Wrongful termination cases can be difficult to prove, and many civil attorneys simply aren’t up to the task of assembling the evidence and prosecuting the case. But, since I am one of the few lawyers in the Garden State to be certified by the Supreme Court of New Jersey for civil trial practice, you can rely on my knowledge, experience and ethics. I am also passionate about workers’ rights, so you can trust me to pursue all possible remedies aggressively to deliver the best possible result under the facts of your case.
When is termination wrongful in Morris and Sussex counties?
Even though New Jersey recognizes at-will employment, state and federal laws prohibit employers from firing a worker for an unlawful purpose, such as:
- Discrimination — Under federal law, an employer cannot fire a worker because of that worker’s age (if over 40), color, disability, ethnicity, nation of origin, pregnancy, race, religion, or sex. Additionally, New Jersey’s Law Against Discrimination prohibits firing based on a worker’s marital status, gender identity or expression, sexual orientation, genetic information, or atypical cellular or blood trait. The challenge is proving that a worker’s membership in a protected class was the reason for the termination. A worker often has to point to other examples of discriminatory behavior to create a case based on strong circumstantial evidence.
- Sexual harassment — If a supervisor fires an employee for not submitting to sexual overtures, that is a clear case of wrongful termination. However, a worker who quits because of unwanted sexual pressure or a hostile work environment may also have a case for wrongful termination under a theory of constructive termination.
- Whistleblower retaliation — State and federal law protects workers who come forward and report an employer’s illegal activities to authorities. An employer can be liable for wrongful termination if he fires a whistleblower or makes the whistleblower so miserable on that job that he quits.
- Retaliation for asserting rights under state or federal law — Employees have various rights under law, such as workers’ compensation for on-the-job injuries, the right to organize for collective bargaining, and the right to a reasonably safe workplace. Workers in New Jersey are also covered by the state’s Family and Medical Leave Act. A company that fires an employee as punishment for exercising a protected right is open to a wrongful termination lawsuit.
Although some acts of wrongful termination are foolishly blatant, they are the exception. More often, employers are wise enough to cover their tracks. Proving wrongful termination usually requires detailed investigation led by an experienced attorney with vast experience in employment law.
Wrongful termination for breach of an employment contract
If you are an executive with an employment agreement, you and the company probably negotiated metrics by which leadership would assess your performance. Failure to achieve those metrics, then, would be grounds for separation. However, whether you met the goals outlined in your contract is often a matter of interpretation. It is also not unusual for corporate leadership to “trump up charges” against an executive just as certain rights are poised to vest.
In New Jersey, breach of employment contract can also apply to oral and implied contracts. If an employer has promised not to fire you without good cause for a certain probationary period or has acted to create a reasonable expectation of continued employment, you could have a wrongful termination claim, especially if you can demonstrate you acted in reliance on the implied promise.
Skilled employment lawyer seeks remedies for wrongful termination
There are two categories of remedies open to plaintiffs in wrongful termination cases:
- Remedies at law — A court could order your employer to pay monetary compensation in the form of back pay and front pay as well as damages for emotional distress, pain and suffering, and harm to your reputation. If the employer acted with malice, a court may award punitive damages to punish the company and to deter similar actions by employers in the future.
- Remedies at equity —The court could order “make-whole” relief, which is intended to restore you to the position you had prior to your unlawful firing. In other words, you could get your job back.
When you come to me for assistance with your wrongful termination case, I fight hard to deliver the favorable results you deserve.
Trust a board-certified civil trial lawyer to manage your wrongful termination case
If you’ve been fired for an illegal purpose or in violation of an employment agreement, you can trust Kevin T. Kutyla, Esq. to fight for your rights. For more than 25 years, I have delivered positive results for wrongfully terminated employees in Sussex and Morris counties. Call 862-354-8931 or contact me online to schedule an appointment. My office is conveniently located in Succasunna at 15 Commerce Boulevard, just off Route 10.