Practice Areas
Wrongful
Termination
New Jersey protects employees from unlawful termination based on discrimination, retaliation, or violation of public policy. If you were wrongfully fired, you have legal rights and may be entitled to compensation.
At-Will Exception
NJ recognizes exceptions to at-will employment for discrimination, retaliation, and public policy violations
Statute Limits
180 days for discrimination claims, 2 years for wrongful discharge lawsuits
Contingency Fee
No fee unless we win — zero upfront cost to pursue your case
Full Damages
Back pay, front pay, benefits, emotional distress, punitive damages, attorney fees
The Law
What you
need to know
New Jersey's Law Against Discrimination and common law provide strong protections against wrongful termination. While NJ is an at-will state, employers cannot fire you for illegal reasons like discrimination, retaliation, or refusing to break the law.
New Jersey's Law Against Discrimination (N.J.S.A. 10:5-1 et seq.) prohibits employment termination based on protected characteristics including race, gender, age, disability, sexual orientation, and religion. Additionally, common law recognizes wrongful discharge claims when termination violates public policy, such as firing someone for filing a workers' compensation claim, reporting illegal activity, or refusing to commit illegal acts. While New Jersey follows at-will employment, these statutory and common law protections create significant exceptions that protect workers from unlawful termination.
Compensation in wrongful termination cases can include back pay from the date of termination to trial, front pay representing future lost earnings, restoration of benefits including health insurance and retirement contributions, emotional distress damages for the psychological impact of unlawful termination, and punitive damages in cases involving particularly egregious conduct. Under the Law Against Discrimination, successful plaintiffs may also recover reasonable attorney fees and costs, making legal representation accessible even in cases with modest damages.
The primary challenge in wrongful termination cases is proving the employer's true motive, as employers rarely admit to illegal reasons for firing someone. Companies often provide pretextual reasons for termination, requiring careful analysis of timing, documentation, and witness testimony to establish the real cause. Additionally, New Jersey's short 180-day deadline for filing discrimination complaints with the Division on Civil Rights creates urgency in these cases. Employees must also be prepared for the employer to argue legitimate business reasons for the termination, making thorough case preparation essential.
Cases we handle
Common scenarios
01
Discrimination Firing
Termination based on race, gender, age, disability, or other protected characteristics. Even if the employer claims other reasons, discriminatory motive can be proven through timing and evidence.
02
Retaliation Discharge
Firing after filing a complaint about discrimination, harassment, or unsafe working conditions. Retaliation claims protect employees who exercise their legal rights.
03
Whistleblower Protection
Termination for reporting illegal activity, fraud, or safety violations to authorities. New Jersey strongly protects employees who expose wrongdoing in the public interest.
04
Workers' Comp Retaliation
Firing someone for filing a workers' compensation claim or seeking medical treatment for a work injury. This violates New Jersey's public policy protecting injured workers.
05
Pregnancy Discrimination
Termination related to pregnancy, maternity leave, or family responsibilities. The Law Against Discrimination provides strong protections for pregnant employees and new parents.
06
Refusing Illegal Acts
Firing for refusing to break the law, falsify records, or engage in unethical conduct. Employees cannot be terminated for maintaining legal and ethical standards.
What to expect
How the
process works
- 01
Document Everything Immediately
Gather all employment records, emails, performance reviews, and witness information while still fresh. Document the circumstances of your termination and any discriminatory or retaliatory conduct. This evidence forms the foundation of your case.
- 02
File Administrative Complaint
For discrimination claims, file with the NJ Division on Civil Rights within 180 days. This administrative step is required before filing a lawsuit. We handle this process and ensure all deadlines are met.
- 03
Investigation and Discovery
We conduct a thorough investigation, interview witnesses, and gather additional evidence. Through legal discovery, we obtain the employer's internal documents, emails, and depositions that often reveal the true motive for termination.
- 04
Negotiation and Settlement
Most wrongful termination cases resolve through negotiation. We present a comprehensive demand package and work to achieve fair compensation without the time and expense of trial.
- 05
Trial if Necessary
If settlement negotiations fail, we take your case to court. We prepare every case thoroughly for trial, presenting evidence of wrongful termination and fighting for full damages including back pay, front pay, and emotional distress.
Questions
Frequently
asked
Can I be fired for any reason in New Jersey since it's an at-will state?
While New Jersey is an at-will employment state, there are significant exceptions. You cannot be fired for discriminatory reasons, in retaliation for exercising legal rights, or for reasons that violate public policy. These protections cover a wide range of unlawful termination scenarios.
How long do I have to file a wrongful termination claim?
For discrimination claims, you must file with the Division on Civil Rights within 180 days of termination. For other wrongful discharge claims, you generally have two years. However, acting quickly is crucial as evidence disappears and witnesses' memories fade over time.
What if my employer says they fired me for poor performance?
Employers often provide pretextual reasons to hide illegal motives. We analyze the timing of your termination, your actual performance history, how similarly situated employees were treated, and other evidence to determine if the stated reason is legitimate or a cover-up for discrimination or retaliation.
Can I get my job back if I win a wrongful termination case?
While reinstatement is sometimes available, most wrongful termination cases result in monetary compensation rather than getting your job back. This typically includes back pay, front pay representing future lost earnings, benefits, and damages for emotional distress.
What damages can I recover in a wrongful termination case?
Compensation can include all lost wages from termination to trial, future lost earnings, lost benefits, emotional distress damages, and in some cases punitive damages. Under the Law Against Discrimination, you may also recover attorney fees, making legal representation more accessible.
How much does it cost to hire a wrongful termination attorney?
We work on a contingency fee basis, meaning you pay no attorney fees unless we win your case. The initial consultation is free, and there's no financial risk in pursuing your claim. In discrimination cases, successful plaintiffs often recover attorney fees from the employer.
Free Consultation
Wrongfully
terminated
Tell us what happened. We'll give you an honest assessment - no pressure, no obligation, and no fee unless we recover for you. We're available by phone or at our offices, and we're happy to meet you wherever is most convenient.
Call Us Directly
(973) 401-0064