New Jersey’s Law Against Discrimination is one of the most comprehensive anti-discrimination and anti-wrongful termination statutes in the country, and it has more protections than the comparable federal laws, especially with regard to the LGBTQ community. It is important to understand the impact of protected classes in Cherry Hill wrongful termination cases before filing a lawsuit against your ex-boss. If you believe that your former employer violated this or other employment laws in his or her decision to fire you, get in touch with one of the wrongful termination attorneys on our team today.
New Jersey law has a comprehensive list of approximately 20 protected classes, and employers cannot terminate based upon any employee’s membership in one of those protected classes. Some of those include:
A wrongful termination based on gender is where an employee is fired based on the fact that they are either male or female or non-binary, which can be proven by direct evidence of comments made in the workplace, circumstantial evidence such as indirect reference to the employee’s gender, or statistical evidence showing a pattern of multiple people of a certain gender being let go and replaced by people of the opposite gender.
The Equal Pay Act of 1963 requires employers to pay men and women equally for equal work. How that plays into wrongful termination depends on the circumstances of each case.
For example, if an employee complains about a lack of equal pay and is then terminated, that would be a retaliatory wrongful termination. Alternatively, it could be that an employer realizes they are not paying an individual equally and decides they don’t want to do that, so they terminate that person and hire someone of the opposite gender to pay them less.
Wrongful termination based on age is when an employer decides to let someone go and either replaces them with someone younger or demonstrates a pattern of terminating older employees. The federal Age Discrimination and Employment Act protects individuals over the age of 40 from being discriminated against or wrongfully terminated due to their age. New Jersey’s Law Against Discrimination also protects anyone over the age of 18 from being terminated because an employer may decide they’re too young or too old for the job, unless the employer can establish that there was some legitimate business reason why that person could not do the job.
An employee may have a valid wrongful termination based on religion claim when they can establish that their termination was based in part on the fact that they are a member of a certain religious group or observes a certain religion. Religion is one of the protected classes defined under state law and could therefore play an important role in Cherry Hill wrongful termination cases.
A bona fide occupational qualification is a factor that an employer feels an employee must have in order to perform the duties of their job. An example would be an occupational qualification that requires workers to be available to work weekends (i.e., law enforcement officers), but a person may be of a certain religion that requires them to observe the Sabbath or a holy day where they can’t come to work every weekend. The employer may not be liable for discrimination if they either don’t hire that person or terminate them.
Wrongful termination based on race is when an employer fires an employee because of their race, has a pattern of terminating employees of the same race, or replaces individuals of a specific race with people of a different race. Local business owners are also prohibited from wrongfully terminating an employee based on their nationality or national origin, which involves firing an employee on the basis of his or her birth or ancestral nation. Both race and national origin are considered protected classes in our area.
Pregnant employees are also a protected class in Cherry Hill. When an employer terminates an employee either during or soon after that individual’s pregnancy, the worker may have a valid claim for damages. A local business owner could also be held liable for firing a worker either when they learn of the pregnancy or when the individual requests leave for the pregnancy.
The Family Medical Leave Act (FMLA) is a federal statute that applies to employers of a certain size, specifically all public and private businesses with 50 or more employees within a 75-mile radius. Employees who have worked at a given business for at least one year and over 1,250 hours during that year are entitled under the FMLA to take up to 12-weeks unpaid leave over the course of a year. That leave may be taken continuously or intermittently.
The law protects employees from being terminated during that time. The goal of the FMLA is to hold somebody’s job for them while they take a leave of absence to either care for themselves or a family member. If the leave lasts longer than 12 weeks, the employer may not be obligated to hold the employee’s job any longer than that.
This team is incredible. They are friendly and knowledgeable. I appreciate everything they have done for me and would recommend them to anyone. Overall great experience
My case settled recently after lasting 4 years. Grungo and Colarulo’s law firm were able to secure a large settlement award for my slip and fall accident. This money will help secure my future for the permanent injury I received as a result of the slip and fall. Everyone was very caring, and kept me informed throughout the entire process. Christine Lafferty is an excellent litigation lawyer. I highly recommend using them if you have been injured or in an accident. I hope I am never in a situation again to need their services, but I know who to go to if I, or any of my family members are ever injured. Thanks Grungo and Colarulo and staff for your compassionate service!
Thank you so much Grungo and Colarulo for helping me with my case. Special thanks to Erica Domingo, Esquire and her team. Erica Domingo and her team was very nice and helped me tremendously throughout my case like more than one year and half. They gave me the right advice and guided me through every step of my case. They gave me prompt and clear responses to all my questions. In addition, Erica and her team provided me with all the what if scenarios so that I can have a clear vison of the steps ahead.
I would definitely recommend Grungo and Colarulo.
Thanks again Erica Domingo, Esquire and her team
My wife and I reached out to Grungo Colarulo in 2020 for advise on a legal matter. After a meeting with the Attorney and Paralegal, we decided to go forward with a case. This case required a lot of documentation, and expert review of the documentation which was aquired. Throughout the process, we were kept up to date monthly, and Grungo Colarulo was always responsive to any questions that we had. The entire staff at Grungo Colarulo are very professional, caring, and willing to go the extra mile. This firm is a definite recommend!
I left five (5) stars only because that’s as many as I could leave. If I could, I would have left 100 stars. Bob & Christine are the absolute best! My settlement far exceeded what I ever imagined. They are professional, friendly, and really listened to what I had to say. They kept me up to date with the progress of my case every step of the way. I can’t recommend them highly enough.
Very professional, communicates well, makes me feel like they have my best interest at heart, and overall just a great company. Christine and the whole team has been on top of everything. Would definitely recommend!! 10/10
First and foremost I would like to thank the whole team at Grungo Colarulo!! In addition to that, Stephanie & Riley & Drenna have done such an outstanding job taking care of me in such a difficult and low point of my life. I was in a bad car accident & did not know how to move forward with what to do and how to process. Those ladies were there every step, every inch, every mile & beyond with helping me when I had no idea how to navigate. I will forever be thankful for them and for the outcome of my case! If you ever need assistance I highly recommend this practice!!! Beyond professional, helpful, precise, caring, knowledgeable & humble!!!
From my first phone call to the end of my case this firm was on the ball!! Always responsive and professional and kept me up to date and informed. This is my firm for any future needs!
This was my first time ever having to have a lawyer for an automobile accident. From the beginning they took care of everything. They put me at ease so I could concentrate on my medical needs. Everyone I spoke to during the process were always extremely pleasant and knowledgeable.
Thank you to Grungo Colarulo for representing me and getting the settlement you did to help me move forward. I would highly recommend Grungo Colarulo to anyone who wants outstanding legal representation.
This team has been nothing but gentle an generous. Being as this was my first time dealing with a worker’s compensation case I was lost and nervous. But the Grungo Colarulo team has made me feel as comfortable as possible. My needs were addressed with care in a timely fashion. I knew what was going on every step of the way.
Oh, did I mention, WE WON …
This teams knowledge of the industry is TOP NOTCH!
A dear family friend referred us to a young attorney named Rich Grungo, Jr. We wanted answers and if necessary, justice for our father. From day one of a five-year journey, Mr. Rich Grungo, Jr. made our family and our pain his own. The man never stopped working for us. He kept us informed every step of the way. Questions were answered quickly and with great compassion and expertise. Even though Rich was always busy, he was never too busy for us. We always felt like we were his only clients
I had the opportunity to observe Mr. Grungo work in this case, both in the courtroom on the technical matters of the motions and also as his presentation to the jury in opening and presenting witnesses as well as utilizing animations… and drawings and films that were necessary for a proper understanding of the case…At all times during the presentation, Mr. Grungo operated mostly without notes and questioned the witnesses in a conversational manner which made it most effective. **
Thank you for everything. I honestly felt like you treated my son like he was your own son, for that I am grateful. I would recommend your services to anyone. Thanks for being so awesome to both of us.
It was a pleasure working with Bill. He constantly kept me informed. I would recommend Bill and his firm to anybody I know. They’ll be in good hands.
I had the opportunity to retain Mr. Colarulo for a vehicle accident I encountered. I give him my highest recommendation for anyone in need of an excellent Personal Injury Attorney. Not only does he have an in depth knowledge of the legal field, but he emanates a sense of trust-worthiness that makes you feel secure during the entire process. Mr. Colarulo has the knowledge, drive and enthusiasm that will get the job done for you. He comes highly recommended.
Hi Rich, Well I’m on my way up to college to finish packing my son’s stuff up and to go to his Graduation tomorrow. It’s hard to believe how fast and how slow, at the same time 5 years can go by. I was just thinking of you as I am getting ready to leave and wanted to thank you once again for everything you have done for my son’s future. You are a good and just man. God Bless to you and your family.
Results may vary depending on your particular facts and legal circumstances.