Can You Sue For Wrongful Termination in New Jersey?

Absent contractual obligations, employees in the State of New Jersey are “at-will,” meaning their employment may be terminated for any reason or no reason at all unless it is motivated by an unlawful reason. Unlawful reasons include but are not limited to, discrimination, retaliation for complaining about activity that an employee reasonably believed was illegal or fraudulent, or retaliation for requesting a workplace accommodation. In such circumstances, the employment termination may constitute a wrongful termination

if you believe that you have been unlawfully terminated from your employment, you may have a basis to bring a lawsuit against your former employer seeking legal remedies, including compensation for damages resulting from the wrongful termination.     

What Qualifies as Wrongful Termination?

Wrongful termination generally occurs when an employee’s termination was motivated (at least in part) by an unlawful reason. There are various types of wrongful termination claims, including but not limited to, the following: 

Employment Discrimination

An employment termination based on race, color, religion, gender, national origin, age, pregnancy, sexual orientation, disability, genetic information, status as a covered veteran, creed, nationality, ancestry, marital status, domestic partnership status, civil union status, gender identity or expression, atypical hereditary cellular or blood trait, liability for service in the Armed Forces of the United States, HIV or AIDS status or any classification covered by applicable federal, state and/or local laws is strictly prohibited and may form the basis for a wrongful termination claim. 

Unlawful Retaliation for Opposing Discrimination or Harassment

A wrongful termination claim occurs when an employee is terminated for reporting discrimination or harassment internally to management or to federal or state government agencies such as the Equal Employment Opportunity Commission and the New Jersey Division on Civil Rights.   

Unlawful Retaliation for Taking a Leave of Absence  

Federal and state law entitles employees to take a leave of absence for, among other reasons, their own serious medical reasons, the birth or adoption of a child, or the care of certain family members. If an employee is terminated in retaliation for taking these types of leaves of absence, they may have a viable wrongful termination claim.  

Unlawful Retaliation for Whistleblowing Activity  

Employees who engage in whistleblower activity such as reporting illegal, fraudulent, or unethical workplace practices and activities are protected from unlawful retaliatory activity in the workplace.  A wrongful termination occurs when an employee is terminated for engaging in such whistleblowing activity.    

Unlawful Retaliation for Making Disability and Religious-Based Accommodations Requests

Employees who are suffering from physical or mental disabilities or who require accommodations due to sincerely held religious beliefs have important legal rights in the workplace. A wrongful termination occurs when an employee is terminated in retaliation for making such accommodations requests

How to Sue For Wrongful Termination in New Jersey

If you believe you have been wrongfully terminated in New Jersey and wish to pursue a lawsuit, it is advisable to consult with an employment attorney to understand your specific situation and obtain tailored legal advice.  Indeed, It is essential to seek legal counsel from an experienced employment attorney who is familiar with New Jersey employment laws. An experienced New Jersey employment attorney with experience in wrongful termination can assess the details of your case, advise you on the strength of your claim, and guide you through the legal process.

How Long Do You Have to Sue For Wrongful Termination in New Jersey?

In New Jersey, the statute of limitations for filing a lawsuit for wrongful termination is generally two years. This means that you have two years from the date of your termination to initiate a lawsuit. It is important to note that this time limit can vary depending on the specific circumstances of your case and the legal claims involved.

Work With a New Jersey Wrongful Termination Lawyer

In today’s working environment, employees are often unlawfully terminated. A wrongful termination creates financial instability and often impacts an individual’s emotional well-being. CMS employment lawyers understand this and utilize their substantial experience to strongly advocate for individuals by providing strategic legal advice to help them navigate through wrongful termination matters.

If you require legal representation in a wrongful termination matter and/or are in need of the services of an experienced wrongful termination lawyer who will provide you with important practical and legal counseling, please contact Curcio Mirzaian Sirot LLC.

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