Wrongful Termination in New Jersey

New Jersey Wrongful Termination Attorney

Losing your job is one of the most stressful things a person can experience. When it happens for an illegal reason, because of who you are, because you spoke up, or because you exercised a legal right, it is not just devastating. It is unjust. At the Law Office of David H. Kaplan, we represent employees throughout New Jersey who have been wrongfully terminated, and we have been fighting for workers' rights for over 30 years. If you believe you were fired for an unlawful reason, we want to hear your story.

Is New Jersey an At-Will Employment State?

Yes. New Jersey is an at-will employment state, which means that in most cases an employer can terminate an employee for any reason, or no reason at all, without legal liability. However, at-will employment has important exceptions. When a termination crosses the line into illegal territory, the employee may have a claim for wrongful termination.

What Makes a Termination Wrongful in New Jersey?

A termination is wrongful when the employer’s reason for firing violates the law. The most common grounds for a wrongful termination claim in New Jersey include:

Discriminatory Termination

It is illegal to fire an employee because of a protected characteristic such as race, color, national origin, sex, gender identity, age, disability, religion, sexual orientation, or pregnancy. These protections apply under both the New Jersey Law Against Discrimination (NJLAD) and federal law.

Retaliatory Termination

An employer cannot lawfully fire an employee for engaging in a protected activity. Protected activities include filing or threatening to file a discrimination complaint, reporting workplace harassment, filing a workers’ compensation claim, taking protected FMLA leave, reporting illegal conduct under CEPA, or participating in an investigation or legal proceeding against the employer.

Violation of an Employment Contract

If you have a written employment contract, an employee handbook, or another agreement that limits the circumstances under which you can be terminated, firing you in violation of those terms may constitute wrongful termination regardless of New Jersey’s at-will doctrine.

Violation of Public Policy

New Jersey law prohibits employers from firing employees for reasons that violate a clear mandate of public policy. Examples include firing an employee for refusing to engage in illegal conduct, for reporting a legal violation to the authorities, or for exercising a legal right such as taking time off to vote or serve on jury duty.

What Is Constructive Discharge?

Not every wrongful termination involves an employer handing you a termination letter. Constructive discharge occurs when an employer makes working conditions so intolerable, through harassment, demotion, pay cuts, or other adverse treatment, that a reasonable person in your position would feel compelled to resign. Under New Jersey law, a constructive discharge is treated as an involuntary termination, and you may have the same legal remedies as if you had been formally fired.

What Is the Statute of Limitations for Wrongful Termination in New Jersey?

The deadline to file depends on the legal theory underlying your claim. For claims under the NJLAD, you generally have two years from the date of termination to file a lawsuit in New Jersey Superior Court. For federal discrimination claims, you must file a charge with the EEOC within 300 days of the termination. Missing these deadlines can permanently bar your claim, so it is important to consult an attorney as soon as possible after a wrongful termination.

What Damages Can I Recover?

Employees who prevail in wrongful termination cases in New Jersey may be entitled to recover:

• Back pay — wages and benefits lost from the date of termination

• Front pay — compensation for future lost earnings if reinstatement is not feasible

• Reinstatement to your former position

• Compensatory damages for emotional distress and pain and suffering

• Punitive damages in cases of particularly egregious employer conduct

• Attorney’s fees and costs

Frequently Asked Questions

Can I sue for wrongful termination if I was an at-will employee?

Yes, if the termination violated the law. At-will employment means your employer does not need a good reason to fire you, but it does not allow your employer to fire you for an illegal reason. If the termination was discriminatory, retaliatory, or otherwise unlawful, you may have a claim regardless of your at-will status.

What if my employer gave a reason for my termination but I think the real reason was illegal?

This is very common. Employers rarely admit to illegal motives. If the stated reason appears to be pretextual, meaning it does not hold up to scrutiny or is inconsistent with how similarly situated employees were treated,  an experienced attorney can help you build a case showing the real reason was unlawful.

What if I was laid off as part of a reduction in force?

A layoff can still be wrongful if it was used as a pretext for discrimination or retaliation. Examples include, if employees in a protected class were disproportionately selected, or if the layoff suspiciously followed a protected activity such as filing a complaint.

I signed a severance agreement after I was fired. Do I still have a claim?

Possibly, but time is critical. Severance agreements typically include a release of legal claims. Before signing anything, you should consult with an employment attorney. In some cases, the release may be challengeable, or an attorney may be able to negotiate better terms.

How long does a wrongful termination case take?

It depends on the complexity of the case and whether it settles or goes to trial. Many employment cases resolve through settlement before trial. David H. Kaplan will give you an honest assessment of your case and keep you informed throughout the process.