Can You Sue For Wrongful Termination in New Jersey?

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.

How to Prove Workplace Discrimination in New Jersey

How to Prove Workplace Discrimination in New Jersey

The New Jersey Law Against Discrimination strictly prohibits discrimination in the workplace. Indeed, individuals have the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits practices such as employee terminations, demotions, and the denial of promotions motivated by discriminatory biases.  

What Qualifies as Workplace Discrimination? 

In New Jersey, workplace discrimination occurs when an employer takes an adverse action against an employee or job applicant based on a protected characteristic. The protected characteristics under New Jersey law include:

  • Race
  • National Origin
  • Ancestry
  • Age
  • Sex
  • Sexual Orientation
  • Gender Identity or Expression
  • Disability
  • Genetic Information
  • Pregnancy or Breastfeeding
  • Marital Status
  • Civil Union Status
  • Domestic Partnership Status
  • Military Status.  

What is Required to Prove Workplace Discrimination? 

In general, wrongful termination claims brought under the New Jersey Law Against Discrimination are analyzed under the three-step burden-shifting test articulated by the United States Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).  To establish a prima facie case of discrimination, an individual must prove by a preponderance of the evidence that they were a member of a protected class; that they were performing their job at a level that met their employer’s legitimate expectations; and that they suffered an adverse employment under circumstances that give rise to an inference of unlawful discrimination.  

If the individual can establish a prima facie case, the burden shifts to the employer to articulate a legitimate non-discriminatory reason for the adverse employment action.  Once the employer articulates a legitimate, nondiscriminatory reason for the decision, the individual must produce sufficient competent evidence to support an inference that the employer’s articulated reasons are merely a pretext for discrimination. 

Consult With an Experienced New Jersey Employment Lawyer 

Unlawful discrimination often negatively impacts an individual’s physical and emotional well-being.  As such, it is important to retain an attorney that you trust.  The Employment Lawyers at CMS understand this and empathize with the clients, utilizing their vast experience to strongly advocate for their clients and provide strategic legal advice to help them navigate through their complex legal issues. If you are in need of legal representation to assist you with an employment discrimination matter and/or are in need of the services of an experienced and well-versed New Jersey employment lawyer, please contact Curcio Mirzaian Sirot LLC.

What Is A “Good Faith” Reduction In Force Under the New Jersey Law Against Discrimination?  

To establish a prima facie case under the New Jersey Law Against Discrimination, a plaintiff must demonstrate that (1) they are a member of a protected group; (2) they were performing the job at a level that met the employer’s legitimate expectations; (3) an adverse employment action was taken against the employee; and (4) the challenged decision took place under circumstances that give rise to unlawful discrimination.  See Williams v. Pemberton Twp. Pub. Schools, 323 N.J. Super. 490, 502 (App. Div. 1999).  If the employee establishes a prima facie case, the burden of production shifts to the employer to establish a legitimate non-discriminatory reason for the adverse employment action.  See Bergen Commercial Bank v. Sissler, 157 N.J. 188, 210 (1999).  If a non-discriminatory basis is shown, the plaintiff must establish, by a preponderance of the evidence, that the alleged justification is a pretext for discrimination.  See Zive v. Stanley Roberts, Inc., 182 N.J. 436, 449 (2005).  However, it is important to understand how New Jersey courts analyze the employer’s “legitimate non-discriminatory” explanation for the termination in the context of a reduction in force.

Indeed, among the factors that courts analyze when reviewing whether an employee’s termination is the result of a “good faith” reduction in force are as follows: (1) whether the business reasons for the reduction in force and the anticipated economic savings thereform were adequately documented; (2) the number of employees or percentage of the company’s work force affected by the reduction in force; (3) the existence of adequately documented selection criteria and procedures for implementation of the reduction in force; (4) whether reduction in force decisions were made on the basis of objective job related criteria and procedures or by reference to the individuals occupying the affected positions; (5) whether reduction in force decisions were based on fair and objective performance evaluations of the affected employees; and (6) whether there was any consideration of alternatives to laying off employees to achieve the economic savings anticipated from the reduction in force, such as shortened work weeks or work days, temporary shutdowns, voluntary reverse seniority layoffs with partial-pay, work-sharing, reductions in authorized overtime, salary freezes or reductions, hiring freezes and/or early retirement incentive programs.   See Leahey v. Singer Sewing, Co., 302 N.J Super. 68, 79-80 (Law Div. 1996).  

            Based on the foregoing, employers should consult with legal counsel prior to conducting a reduction in force.  Likewise, affected employees should consult with legal counsel if they are subject to a reduction in force.  If you have any questions about reductions in force and/or claims under the New Jersey Law Against Discrimination, please contact Curcio Mirzaian Sirot LLC. 

* Frank A. Custode, Esq. is the Managing Partner and Chair of the Employment Practice at Curcio Mirzaian Sirot LLC.