Can I sue my employer for wrongful termination?
i work in a company in the nj .. my boss told me that at the end of the month my contract won't be renewed. . but there is no valid reason .. it is an unjustified dismissal. . what are you saying? can I ask for a court trial? or would the judge agree with my boss? and would the unions help me?
- StephenWeinsteinLv 710 months agoFavorite Answer
If there is no reason, then no. An employer does not need a valid reason, or any reason. An employer has the absolute right to terminate you at the end of your contract even if there is no reason.
If there is a reason, then maybe. If an employer terminates someone for certain very specific illegal reasons, such as race, religion, gender, membership in the national guard, etc., then you can sue for that.
But if it was for any other reason, even a bad one, or even if it was completely random, then it doesn't matter whether the judge agrees with the boss or not, because it's not up to the judge; it's up to the boss, unless there is an illegal reason.
A termination is "wrongful" in two situations: (1) if there is an illegal reason, and (2) if it violates the contract.
Lack of a valid reason doesn't make it wrongful. If an employer is accused of wrongful termination but proves that they decided which employee to fire by flipping a coin, that's actually a good defense, because bad luck isn't an illegal reason.
- WolframLv 410 months ago
yes, you can sue, but if the'res no violation or valid infraction, the case will be dropped cold
- PamLv 610 months ago
Unfortunately, your employer has the right not to renew your contract. They can't BREAK the contract but they certainly have the right not to renew it just as you have the right not to.
- EvaLv 710 months ago
If you don't belong to a union, they won't help you. Most employment in the US is "at will" meaning they can let you go at any time for any or no reason. They are under no obligation to renew your contract. Your boss has simply given you a heads up. Your contract is ending, period.
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- babyboomer1001Lv 710 months ago
You are asking for legal advice, which ONLY a licensed lawyer can give. Consult a lawyer. That aside, you can always sue for wrongful termination. You will have to hire a lawyer to do it. Such as case can only be sued in a higher court, NOT in a Small Claims Court.Source(s): Certified Paralegal, with 25+ years' experience & with Employment law experience.
- JudyLv 710 months ago
Nope. What's wrongful about it? They only have to give, or even HAVE, a reason if they terminate you during the term of the contract. They have no obligation to RENEW it.
- Trivial OneLv 710 months ago
The company owns the job, not you. They can take it away any time they want to. Nothing you can do about it.
- Anonymous10 months ago
Suck it up Skippy. Move to Europe if you want a job guaranteed for life.
- LollyLv 710 months ago
It depends on what the contract said. But if a contract was up for renewal, it's an option on both sides to renew or not. That's usually how they work.
- Anonymous10 months ago
You'd be wasting your time and money trying to sue. They are not obligated to renew a contract. You could politely ask why it's not being renewed, but that's all.