Wrongful Discharge

McLaughlin & Nardi s New Jersey business employment lawyers represent management in defense of lawsuits claiming that an employee was wrongfully discharged. We represent companies in employment matters in federal and state court, arbitration, mediation, and administrative agencies.

Wrongful discharge cases can make many different claims. For instance, we defend employers against claims that they wrongfully fired their employees for a variety of reasons, such as discrimination, whistleblower retaliation and breach of employment contracts.

Some of the laws governing wrongful discharge which our New Jersey management defense attorneys defend companies include Jersey’s Law Against Discrimination, Title VII of the Civil Rights Act of 1964, New Jersey Conscientious Employee Protection Act (New Jersey’s “Whistleblower Law” known as “EPA”), the Federal Family Medical Leave Act, New Jersey’s Family Leave Act, the Fair Labor Standards Act, New Jersey’s Wage and Hour Law, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, and the New Jersey Civil Rights Act.

Litigation is expensive, and one of the smartest things an employer can do is to plan so that it can avoid claims of wrongful discharge in the first place.  We counsel and assist employers in this process.  One of the best things we do is to prepare employee handbooks or manuals which lays out exactly what is required of the employee, and the consequences if the employee does not meet those expectations.  We also draft anti-harassment, anti-discrimination and whistleblower protection policies.  Likewise, it is important for employers ensure that their supervisors and employees are actually carrying out these practices, and that the company’s employment practices are not having a discriminatory impact, whether intentional or not.

Our employment lawyers handle all aspects of employment litigation. We fight aggressively for our clients.  We have had considerable success in wrongful discharge litigation in New Jersey’s state and federal courts.  Often the most important part of the defense occurs long before a trial. The discovery process is designed to prevent “trial by surprise,” and allows employers to receive all of the former employee’s purported evidence. Our New Jersey employment attorneys aggressively utilize the discovery process to optimize the employer’s ability to show that the termination was based on legitimate business reasons.

In addition to obtaining discovery from the former employee, we help management plan so that they can prove that it has not wrongfully discharged their employees. We also help it build its case through the documents it must turn over to the former employee – and this is where we also help employers with planning even before litigation. We also make sure that employers are making valid objections and do not turn over documents or information which are covered by a privilege, and where documents and information are turned over that they are governed by confidentiality orders or agreements preventing their disclosure to third-parties.

We represent management in defense of wrongful discharge suits. E-mail us or call one of our experienced employment lawyers at (973) 890-0004 to obtain assistance.