Losing a job can be a deeply unsettling experience, often leaving individuals feeling confused, anxious, and unsure about their next steps. This distress can be magnified if you suspect your termination was not just unfair, but unlawful. Understanding your rights is crucial in such situations. This post aims to shed light on wrongful termination in New Jersey, helping employees in the Garden State understand what constitutes an illegal firing and what actions they can take. While New Jersey is an “at-will” employment state, this principle is not absolute and does not give employers free rein to terminate employees for any reason imaginable, especially when those reasons violate established laws and public policies. Charles Z. Schalk is a New Jersey employment attorney with the skills, knowledge, and experience that workers can rely on, especially in tough cases. If you or a loved one are facing wrongful termination, Get in touch with our Law office today!
What Does “At-Will Employment” Mean in New Jersey?
In New Jersey, the employment relationship is generally presumed to be “at-will.” This means that, in the absence of a specific employment contract or a collective bargaining agreement, an employer can terminate an employee for any reason that is not illegal, or for no reason at all, without prior notice or warning. Conversely, an employee is also free to leave their job at any time, for any reason. While this provides flexibility for both parties, it’s essential to recognize the significant exceptions to at-will employment NJ law provides, which protect employees from unlawful dismissal.
Illegal Grounds for Termination: Key Exceptions to At-Will Employment in NJ
Despite the at-will doctrine, employers cannot fire employees for reasons that contravene federal or New Jersey state laws. If your termination falls under one of these protected categories, you might have a claim for wrongful termination New Jersey.
Discrimination: Violations of the New Jersey Law Against Discrimination (LAD)
The most significant protection against wrongful termination comes from the New Jersey Law Against Discrimination (LAD). This comprehensive statute makes it illegal for an employer to terminate an employee based on their membership in a protected class. These protected characteristics include, but are not limited to: race, creed, color, national origin, ancestry, age, sex (which encompasses pregnancy, childbirth, and related medical conditions, as well as sexual harassment), marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information, liability for military service, and disability (both physical and mental). For instance, if an employee is fired shortly after an employer learns of their pregnancy, or if an older worker is replaced by a significantly younger, less qualified individual under suspicious circumstances, it could constitute discriminatory wrongful termination under the LAD.
Retaliation: Punishment for Protected Activities
Employers are also prohibited from firing employees as a form of retaliation at work NJ for engaging in legally protected activities. Retaliation occurs when an employer takes an adverse action, such as termination, against an employee because they asserted their rights or participated in certain protected conduct. Examples of such protected activities include reporting instances of discrimination or harassment (either internally to HR or externally to an agency like the Equal Employment Opportunity Commission or the New Jersey Division on Civil Rights), participating in an investigation into such claims, filing a workers’ compensation claim after an on-the-job injury, requesting or taking legally protected leave such as under the Family and Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA), or acting as a whistleblower by reporting illegal or unethical conduct by the employer, which is protected under the Conscientious Employee Protection Act (CEPA).
Breach of Employment Contract
While many employees in New Jersey work without a formal written contract, some do have agreements that specify the terms and conditions of their employment, including grounds for termination. If an employment contract—whether written, oral, or implied by an employee handbook or company policy—stipulates that an employee can only be fired for “just cause” or outlines a specific disciplinary procedure that must be followed, then a termination that violates these contractual terms can be considered wrongful. Collective bargaining agreements negotiated by unions also typically contain provisions regarding job security and termination procedures.
Violation of Public Policy
New Jersey law also recognizes a cause of action for wrongful termination if an employee is fired for a reason that clearly violates a well-established public policy. This means an employer cannot terminate an employee for refusing to commit an illegal act, for performing a civic duty like serving on a jury or reporting to military service, for exercising a statutory right (such as the right to a safe workplace under OSHA), or for reporting violations of law that affect public health or safety. These claims often overlap with whistleblower protections but can sometimes stand alone if a clear mandate of public policy is implicated.
Understanding Constructive Discharge in New Jersey
Sometimes, an employer doesn’t explicitly fire an employee but instead makes the working conditions so intolerable that a reasonable person in the employee’s position would feel compelled to resign. This is known as constructive discharge New Jersey. If the unbearable conditions were created by the employer due to illegal reasons, such as ongoing harassment based on a protected characteristic or in retaliation for a protected activity, the resignation can be treated as a wrongful termination. For example, if an employee endures severe and pervasive sexual harassment that the employer fails to address, and the employee resigns as a result, they may have a claim for constructive discharge.
What Should You Do If You Suspect Wrongful Termination in NJ?
If you believe you have been wrongfully terminated, it’s crucial to act thoughtfully and promptly. Begin by gathering any documentation related to your employment and termination. This includes your employment contract (if any), employee handbook, performance evaluations, emails or other communications with your employer, pay stubs, and your termination letter or notice. Make detailed notes of any specific incidents, conversations, dates, and potential witnesses that could be relevant to your claim. Understanding what counts as wrongful termination in NJ can be complex, and there are strict time limits, known as statutes of limitations, for filing legal claims. Therefore, it is highly advisable to consult with an experienced NJ wrongful discharge lawyer as soon as possible to discuss the specifics of your situation and understand your legal options, including how to file a wrongful termination claim in New Jersey.
How a New Jersey Wrongful Discharge Lawyer Can Help
Navigating the complexities of employment law can be challenging, especially when dealing with the emotional and financial stress of a job loss. An experienced NJ wrongful discharge lawyer can provide invaluable assistance. They can evaluate the merits of your potential claim, explain your NJ employment rights after termination in clear terms, help gather crucial evidence, and advise you on the best course of action. This may involve negotiating a settlement with your former employer, which could include severance pay, or, if necessary, representing you in mediation, arbitration, or a lawsuit to seek remedies such as lost wages, emotional distress damages, punitive damages, and potentially reinstatement.
Call Our Experienced Jersey Wrongful Termination lawyer Today!
While New Jersey’s at-will employment doctrine gives employers considerable latitude in making termination decisions, it is not a license to disregard state and federal laws. Employees in New Jersey have significant protections against discriminatory firings, retaliation, and other forms of illegal termination. If you suspect your termination was unlawful, understanding your rights is the first step toward seeking justice. If you believe you have been a victim of wrongful termination in New Jersey, don’t wait. Call us now at (908) 526-0707 or contact us online for a consultation to discuss your case and get the help you deserve throughout all of New Jersey.