What Is Considered Wrongful Termination in New Jersey?

For a firing to be considered wrongful termination, it must have violated a specific state or federal law that either prohibits discrimination, such as the New Jersey Law Against Discrimination; prohibits retaliation, such as New Jersey’s Conscientious Employee Protection Act,  or grants specific rights to employees, such as the federal  Family Medical Leave Act (FMLA).

To determine where you stand, you should consult with experienced and knowledgeable wrongful termination/employment lawyers in NJ. You want someone who knows the law; has years of experience in litigating employment cases for employees; and will sit with you and determine whether your claim for wrongful termination qualifies as actionable under the law.

For example, we will help you determine whether your employer was violating New Jersey Law Against Discrimination when it terminated your employment. Our team will also review with you the many other state and federal laws under which relief can be sought.

How Do You Prove Wrongful Termination?

While it is not illegal to treat an employee “unfairly," it is illegal for an employer to discriminate against an employee for his or her race, religion, disability, sex, etc.

It is also illegal for an employer to:

• Subject an employee to a racially or sexually hostile work atmosphere
• Retaliate against whistleblowers
• Deny an employee’s rights under the Family and Medical Leave Act
• Fail to pay an employee overtime pay
• Refuse to provide reasonable accommodation for disabled employees
• Violate the terms of an employee’s contract or employee handbook

If you can prove that your employer violated any of these laws, you may be able to prove wrongful termination.

How Much Can You Recover in a Lawsuit for Wrongful Termination?

The award you can get in a wrongful termination lawsuit depends on a variety of factors. It can fall anywhere between a few thousand dollars and millions of dollars. The good news is that under both the New Jersey Law Against Discrimination and New Jersey’s Conscientious Employee Protection Act, there are no “caps” on the damages you can recover, unlike as is the case under most federal employment laws.

How Long Does a Wrongful Termination Case Typically Last?

Again, the length of a wrongful termination case depends on several factors. Some cases may settle in as quickly as a couple of months, while others may take a year or more to resolve. If a case does not settle, you can expect a wrongful termination suit to last somewhere between one to three years until it gets to trial.

What Is the Statute of Limitations for a Wrongful Termination Lawsuit in NJ?

The answer to that question depends on the specific state or federal law on which you are relying to bring your suit.  Again, keep in mind that there is no generic law simply prohibiting “wrongful termination.” Thus, for example, to file a wrongful termination lawsuit based on the New Jersey Law Against Discrimination, you only have two years from the date of your termination to do so.

In some cases, there are even shorter “statutes of limitation.” For example, If you are filing a claim for whistleblower retaliation using New Jersey’s Conscientious Employee Protection Act (“CEPA”), you only have one year to file. Because of these (and other) statutes of limitation, if you feel you have been wrongfully terminated, it is important to not waste time before reaching out to an attorney!