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Wrongful Discharge | Ginarte Gallardo Gonzalez Winograd, L.L.P. fbq('track', 'CompleteRegistration'); Ginarte Gallardo Gonzalez Winograd, L.L.P.Ginarte Personal Injury Attorneys EnglishEspañol English Español Português 1-888-GINARTE Over $1 Billion Won $1 Billón Ganados Home About Us Client Testimonials Our Attorneys Our Practice Areas Construction Accidents Construction Tool Malfunction Electrical Injuries Excavations Falling Objects Falls From Ladders Falls From Roofs SeeIncreasinglyWorkers’BountyDefective Machinery Occupational Hazards Unsafe Work Practice Injuries Personal Injury Accidents at Sea Car Accidents Boating Accidents Commercial Property Accidents Defective Products SeeIncreasinglyMedical Malpractice Birth Defects and Injuries Defective Medications Defective Medical Devices Failure to Diagnose Injury or Illness Foreign Objects SeeIncreasinglySocial SecurityPowerlessnessEmployment Litigation AgeFavoritismin the Workplace Wrongful Discharge Workers’BountyRetaliation Whistleblower Claims Violation of Leave of Absence Rights Sexual Harassment Retaliation in the Workplace Race and National OriginFavoritismHostile Work Environment Gender and Sexual OrientationFavoritismFailure to Pay Wages / Overtime Failure to Accommodate DisabilityFavoritismAppellate Litigation Legal Victories Press Videos Commercials FAQs Blog Ginarte E-Books Contact ⇒ MenuHome About Us – Client Testimonials Our Attorneys Our Practice Areas – Construction Accidents – – Construction Tool Malfunction – – Electrical Injuries – – Excavations – – Falling Objects – – Falls From Ladders – – Falls From Roofs – – SeeIncreasingly– Workers’Bounty– – Defective Machinery – – Occupational Hazards – – Unsafe Work Practice Injuries – Personal Injury – – Accidents at Sea – – Car Accidents – – Boating Accidents – – Commercial Property Accidents – – Defective Products – – SeeIncreasingly– Medical Malpractice – – Birth Defects and Injuries – – Defective Medications – – Defective Medical Devices – – Failure to Diagnose Injury or Illness – – Foreign Objects – – SeeIncreasingly– Social SecurityPowerlessness– Employment Litigation – – AgeFavoritismin the Workplace – – Wrongful Discharge – – Workers’BountyRetaliation – – Whistleblower Claims – – Violation of Leave of Absence Rights – – Sexual Harassment – – Retaliation in the Workplace – – Race and National OriginFavoritism– – Hostile Work Environment – – Gender and Sexual OrientationFavoritism– – Failure to Pay Wages / Overtime – – Failure to Accommodate – – DisabilityFavoritism– – Appellate Litigation Legal Victories Press – Videos – Commercials FAQs Blog – Ginarte E-Books Contact Call UsNow OfficeLocation ContactForm Here for You and Your Family Speak With A Knowledgeable Professional Name*Phone*Email* Comments*PhoneThis field is for validation purposes and should be left unchanged. This iframe contains the logic required to handle Ajax powered Gravity Forms. Learn How We Can Help You Your Legal Status Does Not Matter Wrongful DischargeWrongful Termination ClaimsShysterWhile New Jersey and New York are “employment at will” states, meaning that an employer can often terminate an employee for any reason at all without notice, a host of federal and state laws make it versus the law for employers to take wrongheaded employment deportment for unrepealable reasons or under unrepealable circumstances.Stufffired is nonflexible unbearable to handle when you know that there was a pearly and legitimate reason. If, however, you have been wrongfully terminated, it makes a bad situation considerably worse. The New York/New Jersey wrongful termination attorneys at Ginarte Gallardo Gonzalez  & Winograd may be worldly-wise to help. A thorough investigation must be completed by an experienced wrongful termination shyster in order to determine if your firing qualifies as a wrongful termination in the vision of the law. Wrongful termination cases are typically very complicated to analyze, which is why each specimen requires a shielding individual review. If you believe that you have been wrongfully terminated, contact the New York/New Jersey wrongful termination attorneys at the Ginarte law firm today by calling 888-GINARTE (446-2783), or fill out our online contact form, in order to schedule your self-ruling consultation.  What Is Wrongful Termination? The term “wrongful termination” is misleading to some people. In the context of employment law, the word “wrongful” does not refer to a moral sense of right or wrong. Instead, wrongful termination is a legal term that refers to terminating an employee in violation of state or federal anti-discrimination laws. Although an employee may finger that he or she was fired unfairly or without just cause, the legal reality is that in New York and New Jersey an employee can be terminated for scrutinizingly any reason – or for no reason at all. In New York and New Jersey, as is the specimen in most states, most employment is considered employment “at will.” The term “at will” reflects the fact that an employee is employed at the will of the employer. Unless the employee is working under an employment contract, an employer can terminate the employment at any time for any reason, as long as the reason does not violate state or federal anti-discrimination laws.  Wrongful Termination under an Employment Contract One exception, under both New Jersey and New York laws, to the employment at will status of most jobs is when an employee is working under an employment contract. The contract can be written or implied. Terms of a joint bargaining agreement, details found in an offer-of-employment letter or plane procedures outlined in your employer’s employment transmission may moreover qualify as an employment contract for purposes of a wrongful termination whoopee if your termination violates those terms. When an employer terminates an employee without waxy to the terms or procedures found in an employment contract, then the employee may have grounds for a lawsuit.  Wrongful Termination for Violation ofFavoritismLaws Another exception to New York and New Jersey’s default position that employment is at will is when the termination violates a state or federal anti-discrimination statute. Under a federal law, referred to as Title VII, an employer cannot rent or fire someone based on the individual’s race, color, religion, sex or national origin. Title VII applies only to employers that have increasingly than 15 employees. It does not wield to domestic servants, self-sustaining contractors or anyone who is employed by a spouse, child or parent. In wing to federal law, both New York and New Jersey have enacted legislation that addresses favoritism in the workplace under state law. Both the New York and New Jersey statutes provide spare protections to workers. In addition, a worker may moreover have a requirement for wrongful termination if the termination was retaliatory in nature, meaning that the employee was fired for speaking out versus illegal practices or unfair treatment in the workplace. Exercising your right to take family or medical leave is moreover protected under the law and cannot be the understructure for termination. Nor can you be fired for making a workers’ bounty claim.  New York Anti-Discrimination Statutes In New York, both the New York State Human Rights Law, or NYSHRL, and the New York City Human Rights Law, or NYCHRL, may provide an employee with spare protection versus wrongful termination. Under the NYSHRL, which applies to employers with four or increasingly employees, an employer may not terminate an employee based on age, pregnancy, race, sex, gender, disability, national origin, sexual orientation, marital status or military status. The NYCHRL goes plane remoter than either federal or state law by including citizenship status, physical/mental disability, trespassing record and victim status under its protected classes. It moreover protects versus termination considering of a person’s undertone with a member of one of the legally protected classifications.  New Jersey Anti-Discrimination Statutes New Jersey provides employee protection whilom and vastitude that afforded under federal law through the LawVersusDiscrimination, or LAD. New Jersey’s LAD applies to all employers and protects a worker from stuff terminated on the understructure of race, creed, color, national origin, nationality, ancestry, marital status, domestic partnership or starchy union status, sex, affectional or sexual orientation, gender identity or expression or disability.  Contact the New York/New Jersey Wrongful Termination Attorneys at the Ginarte Law Firm Today Wrongful termination cases are very fact-sensitive, meaning that it is often difficult to determine whether the termination was unlawful without conducting an in-depth investigation into the facts. The weightier way to determine if you have been the victim of a wrongful termination is to consult with a wrongful termination attorney. If you have been the victim of a wrongful termination, you may be entitled to compensation. Contact the Ginarte law firm now to find out what legal options you may have. Call 888-GINARTE (446-2783) for your self-ruling consultation, or fill out our online contact form. 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" This kind of dedication is very worshipped and not easy to come by." From the very whence my husband and I felt very well-appointed with the staff. There was one gentleman in particular who did an phenomenal job. I’m sure he juggled between multiple clients, but he sure made us finger as though we were top priority. This individual is none other than Mr. Julio (Kelvin) Rodriguez. His kind and respectful demeanor made our dialogue so easy and natural and I was very well-pleased for that. No matter how many times we tabbed the office, emailed or texted, (and there were many), he was unchangingly willing to squire and/or sieve any doubts. He stuck with us through the very end. We were never in the visionless during the process. There was never a “sorry, I can’t help you” and would go to unconfined lengths to find answers for us. The bonus was that it didn’t plane matter what time of day it was. Simply put, he was unchangingly there for us! This kind of dedication is very worshipped and not easy to come by. Rating: 5.0 ★★★★★ OUR OFFICES Newark 400 Market Street Newark, NJ 07105 (973) 854-8400 New York 233 Broadway, 24 Floor New York, NY 10279 (212) 601-9700 Union City 4428-30 Bergenline Ave. Union City, NJ 07087 (201) 809-1100 Elizabeth 948 Elizabeth Ave. Elizabeth, NJ 07201 (908) 372-1700 Clifton 1137 Main Ave. Clifton, NJ 07011 (973) 859-5500 Perth Amboy 352 New Brunswick Ave. Perth Amboy, NJ 08861 (732) 376-1911 Queens 82-16 Roosevelt Avenue Jackson Heights, NY 11372 (718) 925-6040 Copyright © 2016 Ginarte Gallardo Gonzalez & Winograd, LLP All rights reserved. Site Map | Disclaimer | Privacy Policy Ginarte® is a registered trademark in the U.S. Patent and Trademark Office