Somerset Wrongful Discharge Attorney

New Jersey Wrongful Discharge Laws

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 Somerset 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. 

Understanding wrongful termination can be confusing because New Jersey is an at-will state, but important protections exist for workers. Employment law provides safeguards against terminations that violate civil rights, labor laws, or contractual obligations. If you were wrongfully terminated, you may have grounds to pursue an employment law claim against your former employer.

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.

While at-will employment gives employers significant freedom, New Jersey employment law sets clear boundaries. Employers cannot hide behind at-will status when they fire someone for reasons that violate federal or state labor laws. Our law firm helps clients understand when their termination crosses the line from lawful to unlawful.

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. 

Understanding Employment Discrimination and Workplace Rights

Employment discrimination happens when employers treat workers unfairly based on protected characteristics like race, gender, age, religion, or disability. Workplace discrimination can take many forms, from unequal pay to wrongful termination. New Jersey employment law protects workers from discrimination at every stage of employment, including hiring, promotion, and termination.

Our firm handles a broad range of employment law claims involving discrimination and harassment. We represent clients who faced workplace discrimination, sexual harassment, unlawful retaliation, and other violations of their rights. Whether you work for small businesses or international corporations, you deserve protection under employment law.

Common Types of Wrongful Termination Cases

Wrongful termination lawyers handle many different types of cases throughout Somerset County and Central New Jersey. Some employees are fired after reporting safety violations or fraud, which may violate the Conscientious Employee Protection Act (CEPA). Others lose their jobs after complaining about sexual harassment or discrimination in the workplace.

Employment law claims can also involve violations of the Fair Labor Standards Act, which protects workers’ wage and hour rights. Some workers are wrongfully terminated after requesting reasonable accommodations for a disability or taking protected leave. No matter why you were fired, our employment lawyers can review your situation and help you understand your legal options.

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. 

The ability to recover damages in wrongful termination cases depends on the strength of your evidence and the specific laws that were violated. Our employment lawyers work to help clients recover the maximum compensation available under New Jersey employment law. We understand how to value employment law claims and fight for fair settlements or court awards.

Protecting Workers Across New Jersey

Our practice areas include wrongful termination, employment discrimination, sexual harassment, retaliation, and other employment law matters. We serve clients throughout Somerset County, NJ, and surrounding areas in Central New Jersey. From small businesses to international corporations, we hold employers accountable when they violate workers’ rights.

Employment lawyers at our firm have extensive experience handling complex cases in state and federal courts. We also handle arbitration proceedings when employment contracts require this method of resolving disputes. No matter where your case needs to be heard, we have the skills and knowledge to represent you effectively.

Why Choose Our Law Firm for Your Wrongful Termination Case

Our firm focuses on employment law and has represented many clients in wrongful termination cases across New Jersey. We provide personalized attention to each client and develop strategies tailored to the specific facts of their case. Our attorneys understand federal and state labor laws and stay current on changes that affect workers’ rights.

We serve clients throughout NJ, including Somerset County and surrounding areas. Whether you work for a small local business or a large corporation, we have the experience to handle your case. Our firm has helped clients recover compensation through settlement negotiations and trials in both state and federal courts.

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 with 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. 

Our New Jersey employment lawyers understand the challenges that wrongfully terminated employees face. We know that losing your job affects your finances, your family, and your future career prospects. That is why we work hard to hold employers accountable and help our clients move forward with their lives.

FAQs: Wrongful Termination in Somerset

What Should I Do Immediately After Being Wrongfully Terminated?

If you believe you were wrongfully terminated, gather and save all relevant information about your employment and termination. This includes employment contracts, performance reviews, emails, text messages, and any documentation showing why you were fired. Contact employment lawyers as soon as possible because deadlines apply to many employment law claims in New Jersey. Write down everything you remember about the events leading to your termination while the details are fresh. Note the names of any witnesses and the dates of important conversations or incidents. This information will help your attorney evaluate your case and build a strong claim.

How Long Do I Have to File a Wrongful Termination Claim in New Jersey?

The time limit for filing wrongful termination claims depends on the type of claim you are bringing. For discrimination claims under the New Jersey Law Against Discrimination, you typically have two years from the date of termination. Federal discrimination claims under Title VII require filing with the EEOC within 300 days in New Jersey. Other employment law claims may have different deadlines, so it is important to speak with a New Jersey employment law attorney quickly. Missing a deadline could prevent you from pursuing your case in court, no matter how strong your claim may be. Our law firm offers confidential consultations to help you understand the deadlines that apply to your situation.

Can I Be Fired for Reporting Sexual Harassment?

No, employers cannot legally fire you for reporting sexual harassment in the workplace. New Jersey employment law protects employees who report harassment or discrimination from retaliation. If your employer terminated you after you reported sexual harassment, you may have both a harassment claim and a retaliation claim. The Conscientious Employee Protection Act also protects workers who report violations of law or public policy. This means you have multiple layers of protection when you speak up about illegal conduct. Employment lawyers can help you pursue all available claims against employers who retaliate against you for doing the right thing.

What is Constructive Discharge?

Constructive discharge happens when an employer makes working conditions so intolerable that a reasonable person would feel forced to resign. This can include subjecting you to severe harassment, discrimination, or hostile treatment after you engage in protected activity. Even though you technically quit, the law may treat this as a wrongful termination. To prove constructive discharge, you must show that your employer deliberately created unbearable conditions. You also need to show that a reasonable person in your position would have felt they had no choice but to resign. Many cases of constructive discharge involve ongoing sexual harassment, workplace discrimination, or unlawful retaliation.

Do Independent Contractors Have Wrongful Termination Rights?

Independent contractors generally have fewer protections than employees under employment law. However, some workers are misclassified as independent contractors when they should legally be considered employees. If you were misclassified, you may have the same wrongful termination rights as other employees. Our firm can review your work arrangement to determine whether you were properly classified as an independent contractor. Factors like how much control the company had over your work and whether you worked exclusively for one company matter. If you were actually an employee, you may be able to pursue employment law claims even if your contract said you were an independent contractor.

Can My Employer Fire Me Without a Severance Agreement?

In most cases, yes, because New Jersey is an at-will employment state and employers do not have to provide severance. However, if you have an employment contract that promises severance, your employer must honor those terms. Some employers offer severance agreements in exchange for you waiving your right to sue, which you should have reviewed by an attorney before signing. Never sign a severance agreement without having employment lawyers review it first. These agreements often include provisions that limit your ability to pursue wrongful termination claims or work for competitors. Our law firm can review severance agreements and negotiate better terms on your behalf.

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 New Jersey. Call us today!