Is there an employment contract?
An employment contract can be written or oral and generally describes the terms of employment, such as pay, job description, hours worked, length of time of the contract. In New Jersey and some other states, an employee handbook or employee manual sometimes may be considered an employment contract.
If no employment contract, is the firing or adverse employment action due to illegal discrimination?
Even if there is no employment, an employer may not fire or otherwise discipline an employee because of some type of discrimination that is prohibited by federal or state law. Examples of prohibited types of discrimination often include sex/gender, age, age, religion, race, nationality, sexual orientation, or gender identity.