New Jersey is an at-will employment state (Department of Labor and Workforce). One of the core implications of that is that your employer can fire you at any time and without cause (unless you have an employment contract that states otherwise). However, that does not mean that there are no protected workers. In New Jersey, an employee cannot be fired or otherwise terminated for an unlawful reason, including retaliation. Here, our New Jersey wrongful discharge lawyer provides a guide to proving that you were fired illegally due to retaliation.
Starting Point: Understanding What Retaliation Means in a Wrongful Termination Case
To start, it is important to understand what retaliation actually means in the context of employment law in New Jersey. Retaliation arises when an employer punishes an employee for exercising a legal right, such as reporting misconduct or participating in a workplace investigation. In the wrongful termination case, the focus is on whether the firing was motivated by that protected activity rather than legitimate performance reasons. Proving retaliation in New Jersey requires showing a clear, causal connection between the protected activity and your firing/termination.
An Overview of Evidence You Can Use to Prove You Were Fired in Retaliation
As with any other type of employment law claim, evidence is the key to bringing a successful wrongful termination case in New Jersey: You will need evidence that proves that you were retaliated against. Here is an overview of evidence that employees often use to help prove that they were subject to unlawful retaliation in a wrongful termination case:
- Written Evidence: Written records should always be the starting point in assessing the evidence to prove wrongful termination on the basis of retaliation. Written evidence can come in many forms, including emails, text messages, and internal reports. They can all help to reveal the employer’s true motives. A message criticizing an employee for filing a complaint or referencing a protected activity before termination can be powerful. Beyond that, documentation of positive performance reviews followed by sudden negative write-ups may also support the claim. In New Jersey, written evidence helps establish the connection between protected conduct and the decision to fire an employee.
- Witness Testimony: Colleagues or supervisors may offer testimony that strengthens a retaliation claim. A co-worker who observed management discussing the employee’s complaint, or who overheard threats tied to the filing, can provide context. Witness accounts help confirm that the firing was not based solely on performance or business needs. Notably, witness testimony often becomes especially persuasive when it aligns with other evidence.
- Timing of Termination: When a firing happens in relation to your protected conduct matters. Indeed, the timing of a termination often raises very serious questions about motive. If an employee is fired shortly after reporting misconduct or participating in an investigation, the close sequence of events suggest retaliation. To be clear, timing alone is rarely enough to win a case, but it strengthens other evidence. Still, courts in New Jersey view suspicious timing as a relevant factor when analyzing motive. You may hear this referred to as temporal proximity. Suspicious timing of a termination should always be followed up on by an investigation.
- Other Circumstantial Evidence: Retaliation is rarely proven with one piece of evidence. Circumstantial proof often builds the case. Sudden changes in treatment, such as exclusion from meetings or unexplained demotions can all support the claim for wrongful discharge. A pattern of escalating discipline after protected activity may also show bad intent. Circumstantial evidence matters because it reflects the employer’s behavior in context. New Jersey courts allow employees to use these details to demonstrate retaliation even when direct evidence is limited. Many cases are built on strong circumstantial evidence.
Employment Law Tip: Employees should be prepared to face a defense from an employer that relies on pretextual reasoning. Broadly explained, a pretextual reason is an alternative (but false) reason that an employer might provide to argue that the firing had nothing to do with retaliation. For example, an employer who fires a worker who brought a sexual harassment complaint might cite vague “performance issues” as the motivation for the decison. You need to fight back.
Contact Our New Jersey Wrongful Termination Lawyer Today
Charles Z. Schalk is a New Jersey employment lawyer with extensive experience handling wrongful termination claims, including retaliation cases. If you believe that you were fired, laid off, or otherwise discharged due to illegal retaliation, we can help. Call us at (908) 526-0707 or contact us online to arrange your completely confidential, no obligation initial consultation. We represent employees in wrongful termination cases throughout all of New Jersey.