If you have been wrongfully terminated, one of the first questions on your mind is how long the process will take. It is a fair question, and an important one, because the timeline affects everything from your financial planning to your emotional stamina. Wrongful termination cases in New Jersey vary significantly in duration, and a number of factors determine whether your case resolves in months or stretches past the two-year mark.
The Pre-litigation Phase
Before a lawsuit is ever filed, there is typically a pre-litigation phase that includes investigation, demand letters, and often attempts at negotiation. Your attorney will gather evidence, review your employment records, and assess the strength of your claim. If your employer is receptive to early settlement discussions, this phase can produce a resolution in a matter of weeks or a few months.
However, many employers, particularly larger companies with in-house counsel or aggressive outside firms, have little incentive to settle early. They may deny wrongdoing entirely or make modest offers designed to test your resolve.
When pre-litigation efforts stall, filing a formal complaint with the appropriate agency or initiating a lawsuit becomes necessary, and the timeline extends accordingly. If your claim involves a federal statute, you may also need to file with the Equal Employment Opportunity Commission (EEOC) and wait for a right-to-sue letter, which adds additional time to the front end of the process.
Litigation Itself Has Built-In Delays
Once a wrongful termination case enters litigation, the discovery phase is where most of the time is spent. Both sides exchange documents, take depositions, and retain any necessary consultants to support their positions. In employment cases, discovery often involves reviewing internal emails, performance evaluations, HR files, and communications between managers, and employers do not always produce these materials promptly or completely.
Your employer may file a motion for summary judgment, arguing that the case should be dismissed before trial. Briefing and arguing that motion can take several months on its own.
New Jersey courts, depending on the county, may also have significant backlogs that push trial dates further out. It is not uncommon for a wrongful termination case that goes through full litigation to take 18 months to three years from filing to resolution.
What You Can Control and What You Cannot
You cannot control court calendars, your employer’s litigation strategy, or how long a judge takes to rule on a pending motion. However, you can control how prepared and responsive you are throughout the process. Providing your attorney with complete documentation early, responding promptly to discovery requests, and being available for depositions and meetings keep your case moving as efficiently as possible.
You should also understand that settlement can happen at any stage: before filing, during discovery, after a summary judgment ruling, or even on the courthouse steps before trial. Many wrongful termination cases do settle, and the timing often depends on when the employer’s risk calculus shifts in your favor. A strong evidentiary record and consistent litigation pressure tend to accelerate that shift. Patience matters, but so does persistence.
Frequently Asked Questions
Can my case settle before going to trial?
Absolutely, and the majority of wrongful termination cases do. Settlement can occur at virtually any point in the process. The timing typically depends on the strength of the evidence and how much litigation risk the employer is willing to absorb.
Does filing with the EEOC add significant time to my case?
It can. The EEOC investigation process varies in length, and in some cases, you may need to wait for a right-to-sue letter before proceeding with a federal lawsuit. This waiting period can range from a few months to over a year, depending on the agency’s workload, though your attorney can sometimes request an early right-to-sue letter to move the process along.
South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC, Will Help You Understand Your Rights
If you have been wrongfully terminated from your employment, reach out to the South Jersey employment lawyers at The Law Offices of Leo B. Dubler, III, LLC, today. Our experienced legal team will explain your rights and fight for you. You can schedule a free initial consultation by filling out an online contact form or by calling us today at 856-235-7075. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in the surrounding areas.