Employers cannot fire you if they breach New Jersey wrongful termination law or the federal equivalent. These laws prevent employers from firing an employee if they have found to have discriminated against them or because of retaliation or because they have violated public policy.
Terminated employees can file a complaint of wrongful termination with the federal Equal Employment Opportunities Commission (EEOC) or the New Jersey Division on Civil Rights. Breaches of state and/or federal employment laws will be investigated and you may be able to seek redress or compensation if an incidence of wrongful termination is proven.
Proving that you were wrongfully terminated is not easy as New Jersey is an at-will employment state, meaning there are only a few reasons why an employer may be prevented from firing any of their employees whenever they want for any reason.
What is the New Jersey Law Against Discrimination?
New Jersey’s Law Against Discrimination (NJLAD) is the main state legislation that sets out the reasons why an employer cannot discriminate against any of their employees if they belong to one or more of specified protected classes. These include:
- gender;
- race;
- sexual orientation or identity;
- ethnic group;
- religious affiliation;
- pregnancy;
- disability;
- age.
Firing someone because they belong to one of these groups is a case of discrimination and is illegal in New Jersey.
What Other New Jersey Laws Impact Employees?
The NJLAD also prohibits termination of an employee if they complain about discrimination. This is a case of retaliation
The New Jersey Conscientious Employee Protection Act (NJCPE) prohibits employers from firing an employee who acts as a whistleblower, exposing illegal acts in their workplace.
Federal legislation mirrors these state laws. The federal Title VII of the Civil Rights Act protects employees from wrongful termination due to discrimination.
New Jersey is an at-will state. This means that for the majority of waged employees, their employer is legally able to fire them whenever they want for almost any reason. The exceptions to at-will employment are when an employment contract specifically outlines the reasons for termination or when a unionized employee can seek protection from their union if they think they are facing wrongful termination.
Employers are still prevented from firing an employee for the reasons already outlined above, even if you are an at-will employee.
How to File a Wrongful Termination Claim in New Jersey
Wrongful termination complaints can be made with either the state agency, the New Jersey Division on Civil Rights (NJDOC) or the Equal Employment Opportunities Commission (EEOC). The EEOC investigates breaches of the law in workplaces where there are 15 or more employees, so you should file your complaint with the state agency if you were employed in a smaller workplace.
The agency will investigate the complaint and if a clear breach of the law is found, may impose penalties against the employer or seek to negotiate a settlement. If no resolution can be made, you may be given permission to sue the employer through the civil court.
Get in Touch With a Lawyer That Takes New Jersey Wrongful Termination Claims
Both state and federal legislation prohibit wrongful termination of employment in New Jersey, even if you are employed on an at-will employment basis. Filing a claim of wrongful termination is not an easy prospect and you may want to get professional legal help from an employment law attorney.
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