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Wrongful termination?? New Jersey

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  • Wrongful termination?? New Jersey

    I think I made a couple bad choices but I think I got one pulled over on me.

    I was unhappily employed at a company and had been shopping around for almost a year. I was underpaid for my qualifications and was being dispatched unfairly.

    I was contacted by a competitor and had interview with them and after talking back and forth for almost 4 months they made me an offer. Because it was a union position they posted it for 48 hours. During this time my boss found out that I had been talking and fired me forcing me to take the job.

    I started two weeks later at the new job and now two months later they fired me. My boss said that I wasn't the fit for the team. He is not a good manager and his team was divided. I fit with the side that he is not favorable of. I was assigned to work with the side that he doesn't like. SO... after 60 of my 90 probation days I am on the outside looking in.

    I think I was unfairly treated. He specifically stated that he has nothing bad to say about my work ethic or qualifications... just that he has enough trouble with the guys and doesn't need me adding to it.

    Any thoughts?

  • #2
    Wrongful termination is not a termination that is unfair. Its a termination that is illegal. Nothing in your post suggest the firing was illegal


    • #3
      What is considered illegal?

      I suspect that I was only hired to try and steal customers and I was not willing to do that. I would have been sued from the previous employer if I did that and they were informed of that. Less than 2 weeks later I was gone. During that 2 weeks I was assigned a large project so it would have been inconvenient for them to replace me.


      • #4
        Illegal would be a termination that violates law,cba or, employment contract. Unfair is not iilegal


        • #5
          So where can I find out more about the New Jersey laws that would define illegal?


          • #6
            I just told you!!! If you fired because of your age, race, religon or, any protected class that would be illegal. If you were fired in violation of a signed employee contract that would be illegal. If you were fired in violation of a bonafide cba (Collective Bargaining Agreement) that would be illegal. Being fired as you were was not illegal. It happens more time than you think. In fact I was once fired after I was lured away from my company with huge money and was even bought a car. The reason was to steal prodects and customers. After 6 months I was let go!


            • #7
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


              • #8
                It is legal to fire you because you are actively seeking employment elsewhere in every state. It is legal to fire you because you just don't fit in and the boss doesn't like you personally.

                It *may* be a violation of the CBA to fire you without cause. It depends entirely on how your CBA is written and what it states about adequate reasons for termination. You will have to speak with your union to find out if this was permitted by the union agreement or not.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


                • #9
                  In NJ illegal terms fall into two general categories: illegal discrimination and whistleblower retaliation. That's aside from violating a bona fide employment contract or CBA.

                  You can be fired despite being in a protected class, and despite being a whistleblower. You just can't be fired because you're in a protected class or because you're a whistleblower.

                  This is the NJ Law Against Discrimination. It lists all the classes that are protected:

                  This is the Law that provides whistlebower protections. You can be fired for acting as a whistleblower.

                  Being fired for not being a good fit, for team conflicts, for being caught looking for other jobs, for a boss not getting along with you, or for favoritism are all legal as long as the above laws aren't violated.
                  Last edited by TSCompliance; 05-04-2009, 10:46 AM.


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