If you believe you were fired due to sex or gender discrimination, you may have a valid wrongful termination claim. Federal and New Jersey laws forbid discrimination regarding any aspect of employment, including hiring, firing, compensating, promoting, or any other term or condition of employment.
That means that you cannot be terminated solely because of your gender or for complaining about discrimination. If this has happened to you, turn to Castronovo & McKinney, LLC. We work to help workers fight back against wrongful termination and gender discrimination. Contact our office today for a consultation.
Wrongful Termination and Gender Discrimination Is A Problem In Many New Jersey Workplaces
Gender discrimination occurs when an employee is treated differently because of their gender, sexual orientation, or gender identity. In short, gender discrimination involves any type of sex-based discrimination in the workplace. Moreover, sexual harassment is considered to be an unlawful form of discrimination under applicable laws, including:
- Title VII of the Civil Rights Act of 1964 (Title VII)
- The New Jersey Law Against Discrimination (NJLAD)
Women are more likely to be targeted, but anyone can be subjected to harassment in the workplace. There are two types of harassment:
- Being terminated for refusing a supervisor’s sexual advances is referred to as quid pro quo harassment.
- Being subjected to offensive or derogatory sex-based comments, gestures, or displays that are severe and pervasive enough to create a hostile work environment or lead to an adverse employment action (e.g. termination) is also illegal.
Our firm works to hold employers accountable when gender discrimination is the unlawful basis for terminating an employee. When you meet with us, you will work directly with an experienced wrongful termination attorney who will fight to protect your right to earn a living.
What Does Wrongful Termination Mean In New Jersey?
New Jersey is an “at-will employment state, which means you can be fired at any time, with or without cause. Also, an employer can always fire you for performance reasons, even if their evaluation of your performance is not accurate. However, a dismissal that violates local, state, or federal anti-discrimination or anti-retaliation laws is illegal.
While employers have the upper hand in employment decisions and know how to disguise their discriminatory motives, examples of wrongful termination due to gender discrimination include:
- Firing a pregnant worker who requests medical leave under the New Jersey Family Medical Leave Act (NJFLA)
- Firing a male employee who requests leave to care for a newborn or adopted child under the NJFLA
- Firing an employee because of their sexual orientation or gender identity
- Firing a female, male, or LGBTQ+ employee for complaining about gender discrimination or sexual harassment
Given the challenges of proving wrongful termination, working with an experienced gender discrimination attorney is essential.
What To Do If You Were Fired Because of Gender Discrimination
If you have been fired because of your gender, you have legal protections, but there are steps you should take to protect your rights. You need to gather as much supporting evidence as possible by:
- Seeking an explanation from the company for your termination
- Documenting any incidents of gender discrimination or sexual harassment that led to your termination
- Establishing a timeline of events, noting when you were fired and who was involved
Notably, your employer may ask you to sign a severance agreement waiving your legal rights in exchange for severance pay. Don’t sign anything before contacting the employment lawyers at Castronovo & McKinney. We have a well-deserved reputation as dedicated employee advocates and an impressive track record of success in wrongful termination cases.
How Our Firm Can Help Your Wrongful Termination Due To Gender Discrimination
We will leverage our skills and resources to handle all the details of your wrongful termination claim and get you just compensation. You can depend on our legal team to:
- Conduct a thorough investigation
- Identify and interview witnesses who can back up your story
- Obtain and review your personnel file and performance reviews
- Identity others who may have been terminated due to gender discrimination
Taking legal action against an employer is never easy, but our attorneys are here to help you stand up for your employment rights.
Damages You Can Recover
In a successful wrongful termination claim, you can recover damages such as:
- Back and front pay
- Lost bonuses/paid time off
- The value of lost employment benefits (health, retirement)
- Reputational damage
- Pain and suffering
- Emotional distress
- Attorney fees and court costs
In addition, you might be entitled to equitable remedies, such as being reinstated to your position or promoted, if practicable.
Representing New Jersey Victims of Wrongful Termination Due To Gender Discrimination
At Castronovo & McKinney, we know how to fight back against gender discrimination and wrongful termination. Trust our team to guide you through the process, hold your employer accountable, and get you the compensation you deserve. We handle all wrongful termination cases on a contingency basis, which means you pay nothing to us until we recover for you. Contact us today so we can start working on your claim.