New Jersey Wrongful Termination/Wrongful Discharge Lawyers
Although New Jersey (NJ) is an employment-at-will state, where a business may generally hire or fire employees as they see fit, with or without justification, there are limitations which could provide a basis for a legal claim for wrongful termination. This limitation is not based on “unfairness.” For example, an employee may be terminated without proper warning, or by an abusive mean-spirited boss and still not have a valid claim for wrongful dismissal in New Jersey.
It is illegal, however, for an employer to terminate an employee for discriminatory reasons, in retaliation for reporting a violation or exercising certain rights, or in violation of a contract between the employer and employee.
There are numerous state and federal laws that define what constitutes a discriminatory basis for terminating an employee. For example, Title VII of the Civil Rights Act makes it illegal for an employer to fire a person based on their religion, sex, color, race, or national origin. Additionally, federal laws prohibit discrimination based on age, physical or mental disabilities, or because of pregnancy, childbirth, or a related condition. Similarly, the New Jersey Law Against Discrimination bars employers from firing employees on account of their race, nationality, sex, pregnancy, sexual orientation, and numerous other protected classes.
Additionally, state and federal whistleblower laws protect employees from being terminated in retaliation for refusing to participate in unlawful behavior or for reporting discriminatory or illegal activity. An employer cannot terminate an employee for exercising his or her right to take family or medical leave or for filing a workers’ compensation claim either. It is also unlawful for an employer to terminate an employee if it violates a clear public policy.
An experienced wrongful termination attorney can assess the circumstances that led to your dismissal and determine if it falls within an exception to your employer’s employment-at-will protection. At Traub Law we have more than 30-years’ experience advocating for employees who have been illegally dismissed and fighting for their rights. You can contact our lawyers via our online form or by calling our office at (609) 951-2204 to arrange a meeting.