New Jersey Wrongful Discharge Attorney
Charles Z. Schalk is an experienced, solutions-focused wrongful discharge lawyer in New Jersey. While New Jersey is an at-will employment jurisdiction, employees cannot be removed for an illegal reason. If you or your loved one was discharged in violation of state or federal law—whether due to discrimination, retaliation, or breach of contract—we are here to help. Contact our wrongful discharge attorney in New Jersey today for a confidential initial appointment.
What is a Wrongful Discharge?
A wrongful discharge occurs when an employer terminates an employee in violation of the law and/or in breach of a valid contract. In New Jersey, this may include dismissals that breach anti-discrimination laws, retaliate against whistleblowers, or ignore the terms of an employment agreement. An employer may have a wrongful discharge claim if they were:
- Fired;
- Dismissed;
- Laid off; or
- Forced to resign.
The Challenge in Proving Wrongful Discharge: At-Will Employment
New Jersey is an at-will employment state. A worker can generally leave their job for any reason. Likewise, an employer can opt to discharge (terminate, lay-off, etc) an employee without cause. An employer in New Jersey does not need to justify the dismissal of a worker. However, there are important exceptions. Employers in New Jersey cannot remove a worker for an illegal or discriminatory reason.
The Grounds to Bring a Successful Wrongful Discharge Claim in New Jersey
To bring a successful wrongful discharge claim in New Jersey, you need strong, compelling evidence that proves that you lost your job for an unlawful reason. A New Jersey wrongful discharge attorney can review the situation and help you build a case. Here are four of the most common grounds for wrongful termination in New Jersey:
- Discrimination: wrongful discharge claim based on discrimination occurs when an employee is terminated due to their membership in a protected class, such as race, gender, age, disability, or religion. The New Jersey Law Against Discrimination (LAD) provides broader protections than federal laws—covering additional categories like marital status and sexual orientation. It also applies to all companies, regardless of size. Federal law only applies to employers with 15 or more workers. Employees must demonstrate that their protected characteristic was a substantial factor in the decision to terminate them.
- Harassment: Harassment leading to wrongful discharge includes any unwelcome conduct based on protected characteristics that creates a hostile work environment that ultimately culminates in the employee’s loss of a job. Depending on the situation, harassment may involve persistent offensive remarks, physical intimidation, or other conduct that significantly impairs the employee’s ability to perform their job functions. To establish a claim, the employee must prove that the harassment was severe or pervasive enough to influence their decision to leave or resulted in a constructive discharge.
- Retaliation: Retaliation claims arise when an employee is discharged after engaging in legally protected activities, such as filing a discrimination complaint, participating in an investigation, or whistleblowing on illegal activities. New Jersey law protects employees from retaliation by employers who may seek to punish those who assert their rights under employment laws. The employee must show a causal connection between their protected activity and the termination, such as timing closely following the complaint.
- Breach of Contract: If an employment contract exists—whether written, verbal, or implied from company policy—termination in violation of its terms may lead to a wrongful discharge claim. Employees must prove the existence of a contract, its specific terms regarding termination, and how these terms were violated by the employer. If you believe that you were fired or laid off in breach of a contract, please do not hesitate to contact a New Jersey wrongful termination attorney for immediate help.
Wrongful termination claims are complicated. You do not have to take on an employer alone. No matter the situation that you find yourself in, an experienced New Jersey wrongful termination attorney can review your case and determine the best course of action to get justice.
An Overview of the Remedies for Victims of Wrongful Discharge
Victims of wrongful discharge in New Jersey have several legal remedies available to address the harm caused by unlawful termination. These remedies are designed to restore the victim’s position as if the wrongful termination had never happened. Remedies include:
- Reinstatement: Reinstatement returns the employee to their former position or a comparable role, which is often sought in cases of discriminatory or retaliatory termination.
- Back Pay/Front Pay: You can seek compensation for lost wages and benefits from the time of termination until the resolution of the case. Back pay and front pay may be awarded.
- Compensatory Damages: Employees can pursue reimbursement for pain, suffering, and emotional distress resulting from the termination.
- Punitive Damages: Employees can pursue punitive damages against an employer. Typically, these are awarded in an amount that will punish and mean something to an employer to deter the employer from repeating this behavior.
- Attorney’s Fees and Legal Costs: Finally, the legal expenses incurred in pursuing the wrongful discharge claim may be covered.
How New Jersey Wrongful Discharge Lawyer Charles Z. Schalk Can Help
The sudden loss of a job can put a tremendous amount of stress and pressure on a person. If you were wrongfully discharged—whether you were unlawfully terminated or you felt the need to resign because of illegal conditions within your workplace—it is imperative that you take action to protect your rights. Charles Z. Schalk is a wrongful discharge attorney in New Jersey with extensive experience handling complex cases. Along other other things, Attorney Schalk is prepared to:
- Hear your story and answer questions about New Jersey’s wrongful termination laws;
- Investigate the matter—gathering evidence to build your wrongful discharge claims; and
- Develop a comprehensive, personalized strategy focused on obtaining the best outcome.
Contact Our New Jersey Wrongful Discharge Attorney Today
Charles Z. Schalk is a New Jersey wrongful discharge lawyer with the skills, experience, and legal knowledge to protect your rights and your interests when it matters most. If you or your loved one was subject to a wrongful discharge, we are here to help. Contact us today for a confidential initial consultation. We represent employees in wrongful termination cases throughout all of New Jersey.
“Mr. Schalk obviously obtained a very successful verdict in a very very difficult case. This Court had an opportunity to observe Mr. Schalk throughout the trial. He certainly performed at an extremely high level . . . And to obtain the verdict that he did is a rare case . . . I feel very strongly that Mr. Schalk’s work in this case was at a very high level, a superior level and that if the 100 percent enhancement of the lodestar is in the rare case this would be the rare case in which Mr. Schalk would be entitled to that.”*”
