If you have been fired and are wondering whether your employer broke the law, you are not alone. Many New Jersey workers face this difficult situation every year. While New Jersey is an at-will employment state, there are strong legal protections that limit what employers can do when terminating an employee. Understanding your rights is crucial if you believe you were wrongfully terminated.
What Is At-Will Employment in New Jersey?
In New Jersey, at-will employment means that both employees and employers generally have the freedom to end the employment relationship at any time, with or without reason. However, this freedom is not unlimited. Employers cannot terminate employees for illegal reasons, and there are several important exceptions that provide employees with legal protection.
What Are Exceptions to At-Will Employment?
If your employer fires you for an illegal reason, you may have grounds for a wrongful termination claim. The following categories are protected under state and federal law:
Discrimination
The New Jersey Law Against Discrimination (NJLAD) prohibits termination based on:
- Race, color, national origin, or ancestry
- Age
- Sex, pregnancy, or marital status
- Sexual orientation or gender identity
- Disability or genetic information
- Religion or creed
Federal laws, including Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA), provide additional protections.
Retaliation
New Jersey law also protects employees from retaliatory discharge. Employers cannot fire you for:
- Reporting discrimination, harassment, or illegal activity
- Filing a workers’ compensation claim
- Requesting family or medical leave
- Participating in workplace investigations
- Reporting safety violations
- Refusing to engage in illegal activity
Whistleblower protections ensure employees are safeguarded when taking legally protected actions.
Breach of Contract
If you have a written employment contract, a union agreement, or an employee handbook with specific terms regarding termination, your employer may be bound by these terms. Firing you in violation of such agreements can form the basis for a wrongful termination claim, even if you are otherwise an at-will employee.
Economic Remedies for Wrongful Termination
Victims of wrongful termination may be entitled to several forms of compensation, including:
- Back pay: Wages lost from the date of termination until the case is resolved.
- Front pay: Future income you would have earned if not terminated.
- Reinstatement: The court may order your employer to rehire you and restore benefits.
- Attorney’s fees and court costs: In many cases, the employer must cover these expenses if you prevail.
Evidence You Need to Support Your Claim
To build a strong wrongful termination case, gather evidence showing that your firing was illegal. This may include:
- Performance reviews that contradict the employer’s stated reasons for termination
- Documentation showing unequal treatment compared to similar employees
- Records of complaints or reports and the timing of your termination, suggesting retaliation.
What Steps Should You Take If You Believe You Were Wrongfully Terminated?
- Collect documentation: Keep performance reviews, disciplinary notices, emails, and any relevant communications.
- Document conversations: Write down discussions with supervisors or HR regarding complaints, termination, or workplace issues.
- Gather witness information: Note colleagues or other individuals who may have observed relevant events.
- Avoid public complaints: Be careful about social media posts regarding your employer, as these can affect your case.
Contact a South Jersey Wrongful Termination Lawyer at The Law Offices of Leo B. Dubler, III, LLC
If you believe you were wrongfully terminated, The Law Offices of Leo B. Dubler, III, LLC can help protect your rights. A South Jersey wrongful termination lawyer can help you determine the best course of action. With offices in Mount Laurel and Atlantic City, we serve clients throughout the surrounding areas. Contact us at 856-235-7075 or fill out our online form to schedule a free consultation.