New Jersey Racial Discrimination Wrongful Termination Attorney

racial discrimination termination

Racial discrimination is a persistent problem in New Jersey workplaces and society at large despite decades of civil rights progress. If you were fired because of racial discrimination, a wrongful termination attorney can help to protect your rights. That’s where Castronovo & McKinney, LLC comes in.

We know how to fight against wrongful termination based on race and will work to bring you the justice you deserve. When you consult with us, we will learn about your circumstances, explore your legal options and choose the best course of action. We believe that no one should put up with wrongful termination due to racial discrimination. Contact our office today to discuss your case. 

How To Spot Racial Discrimination Wrongful Termination In The New Jersey Workplace

Racial discrimination comes in many forms, such as:

  • Refusing to hire or promote a job candidate because of their race
  • Not allowing employees of a particular ethnic background to greet customers
  • Disciplining an African American employee due to their natural hairstyle

Regardless of how it occurs, racial discrimination in any aspect of employment, including hiring, firing, compensating, promoting, or any other term or condition, is forbidden under federal, state, and local law. In addition, harassment in the workplace is considered an unlawful form of discrimination. While workplace harassment often involves sexual harassment, it may also be race-based. Examples include:

  • Racial slurs
  • Racist jokes
  • Derogatory comments about an employee’s color or race
  • Displaying racially offensive symbols
  • Posting racially offensive remarks

All employers must create a safe environment for employees. Harassment that is frequent and severe and creates a hostile work environment or results in an adverse employment action (e.g. demotion, termination) is illegal. If you have been the victim of racial discrimination, harassment, or wrongful termination, we will provide knowledgeable and aggressive representation and fight to protect your employment rights. 

Wrongful Termination Based on Racial Discrimination

Employment in New Jersey is “at-will,” which means an employer can dismiss you at any time with or without cause. An employer cannot fire you for an illegal or discriminatory reason, however, including racial discrimination. Employment discrimination based on race, ethnicity, and other protected characteristics violates federal and state laws, including:

  • Title VII of the Civil Rights Act of 1964 (Title VII)
  • The New Jersey Law Against Discrimination (NJLAD)

These anti-discrimination laws also prohibit retaliation, which occurs when an employer takes an adverse employment action (e.g. disciplining, demoting, dismissing) against an employee for complaining about racial discrimination or exercising any legal right in connection with an anti-discrimination claim.

Notably, Title VII only covers employers with 15 or more employees and requires you to file a charge (a complaint) of wrongful termination due to racial discrimination with the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. The NJLAD applies to all employers in the state, regardless of the number of employees, and allows you to file a lawsuit without taking administrative action.

Why You Need a Wrongful Termination Attorney

Holding your employer accountable is an uphill battle if you were fired because of your race or for engaging in a protected activity. Employers have wide latitude when making employment decisions and know how to hide their racist motives. 

Suppose your employer did not terminate you outright but caused work conditions to get so bad that you had to quit. If you had a right to continue working, but the situation was intolerable, your employer may be liable for wrongful termination based on “constructive discharge.”

At Castronovo & McKinney, we will leverage our skills and experience to level the playing field and hold your employer accountable. Let our racial discrimination attorneys handle all the details of your wrongful termination claim, including:

  • Conducting an extensive investigation
  • Interviewing witnesses who can back up your claim
  • Obtaining and reviewing your personnel file and performance reviews
  • Determining if your employer has a history of wrongful termination based on race
  • Taking over communications with your employer and their attorneys
  • Negotiating a fair and just settlement

While many wrongful termination claims settle out of court, we will take your case to trial if necessary. Above all, we will fight to protect your rights through negotiation or litigation and get you just compensation. Your chances of a successful claim increase significantly with our attorneys looking out for your interests and working to build a strong case. 

Damages We Will Fight For

Various legal remedies are available if you win a wrongful termination lawsuit. In rare cases, the court may order your employer to reinstate you, but that may not be practicable. You will more likely be awarded damages, such as:

  • Lost wages – back pay, front pay
  • Lost bonuses and vacation pay
  • The value of lost benefits (e.g. health insurance)
  • Reputational harm
  • Pain and suffering 
  • Emotional distress
  • Attorney fees and court costs

Punitive damages may also be available to punish an employer for egregious instances of wrongful termination or racial discrimination.

Contact on Experienced New Jersey Wrongful Termination Based on Race Attorney

Wrongful termination based on racial discrimination is illegal, but it happens just the same. Let Castronovo & McKinney right this wrong and get you the compensation you deserve. Contact our office today to get started.