Best Wrongful Termination Lawyers in New Jersey

About Wrongful Termination Law in New Jersey, United States

Wrongful termination occurs when an employee is fired or laid off in violation of the law or an employment agreement. In New Jersey, like most states, employment is generally considered “at-will.” This means either the employer or employee can end the employment relationship at any time and for almost any reason. However, there are important exceptions. If a firing breaches a contract, violates anti-discrimination or whistleblower protection laws, or runs contrary to New Jersey’s public policy, it may be considered wrongful termination. Understanding your rights is crucial if you believe you have been dismissed unlawfully.

Why You May Need a Lawyer

Hiring a lawyer is often the best course of action if you suspect you were fired for illegal reasons. Common situations where legal help is needed include:

• Terminated after reporting safety concerns or illegal activities (retaliation or whistleblower cases)
• Fired due to discrimination based on race, gender, age, religion, sexual orientation, disability, or other protected classes
• Dismissed while on job-protected leave, such as Family and Medical Leave
• Let go in violation of an employment contract or company policy
• Removed from your role after requesting reasonable workplace accommodations for a disability
• Laid off without proper notice under certain circumstances covered by the New Jersey WARN Act

An experienced attorney can evaluate your case, explain your rights, negotiate with your employer, and represent you in court if necessary.

Local Laws Overview

In addition to federal laws like the Civil Rights Act, Americans with Disabilities Act, and Family and Medical Leave Act, New Jersey has stringent state-level protections against wrongful termination. Key aspects include:

• New Jersey Law Against Discrimination (NJLAD) - Prohibits employers from firing employees based on protected characteristics such as race, color, religion, sex, sexual orientation, gender identity, pregnancy, age, disability, national origin, and more.
• Conscientious Employee Protection Act (CEPA) - Offers robust whistleblower protections for employees who report unlawful or unethical practices by their employers.
• New Jersey Family Leave Act (NJFLA) - Provides job protection for employees who need leave for family and medical reasons, supplementing federal protections.
• Contracts and Implied Agreements - Employers must honor written and sometimes even implied workplace contracts.
• Public Policy Exception - Employees cannot be terminated for reasons that violate New Jersey's public policy, for example, for refusing to engage in illegal acts.

Violations under these statutes can entitle employees to reinstatement, back pay, and other damages.

Frequently Asked Questions

What qualifies as wrongful termination in New Jersey?

Wrongful termination may occur if an employee is fired in violation of discrimination laws, retaliation laws, contractual rights, or public policy inherent in New Jersey laws.

Do I need a written employment contract to file a wrongful termination claim?

No. While a contract can strengthen your case, you may still have claims due to discrimination, retaliation, or breach of implied agreements.

Can I be fired for any reason in New Jersey?

Most employment is at-will, but you cannot be legally fired for discriminatory reasons, retaliation, or protected activities.

How do I prove wrongful termination?

Evidence may include emails, performance reviews, witness statements, timelines of events, copies of company policies, or your employment contract. A lawyer can help gather and organize relevant evidence.

Is it illegal to be fired while on medical leave?

Yes, if the leave is protected under the Family and Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA), your job is generally protected.

Can I sue my employer for wrongful termination?

Yes, if you have grounds under federal or state law. Many cases are settled outside of court, but you may file a lawsuit if necessary.

Does retaliation count as wrongful termination?

Yes. If you are fired for reporting discrimination, harassment, legal violations, or unsafe working conditions, this is considered retaliation and is prohibited by law.

What damages can I recover in a wrongful termination suit?

You may be able to recover lost wages, benefits, emotional distress damages, legal fees, and sometimes punitive damages. Reinstatement to your job may also be an option.

How long do I have to file a wrongful termination claim in New Jersey?

Time limits vary based on the law you pursue your claim under. Some claims must be filed within 180 days, others within two years. Prompt action is recommended.

What should I do if I think I was wrongfully terminated?

Document everything, avoid retaliation, and consult a qualified employment lawyer as soon as possible to understand your rights and next steps.

Additional Resources

• New Jersey Division on Civil Rights (DCR) - Enforces state anti-discrimination laws
• U.S. Equal Employment Opportunity Commission (EEOC) - Handles federal discrimination claims
• New Jersey Department of Labor and Workforce Development
• Legal Services of New Jersey - Free legal help for eligible individuals
• Private employment law firms with a focus on wrongful termination cases

Next Steps

If you believe you have been the victim of wrongful termination in New Jersey, take the following steps:

1. Gather all relevant documentation, such as termination letters, performance reviews, and any communication outlining the reasons for your dismissal.
2. Take note of witnesses or colleagues who may have insight into your situation.
3. File a complaint with the appropriate agency if your case involves discrimination or retaliation.
4. Contact an employment attorney who is experienced in New Jersey employment law for a consultation. Many offer initial consultations at no cost.
5. Act quickly, as strict deadlines may apply to your potential claims.

With the right legal support, you can better understand your rights and options, and take the appropriate legal action for your circumstances.