What to do if you've been wrongfully terminated in New Jersey

If you find yourself in a situation where you suspect that you have been wrongfully terminated, it's crucial to take appropriate actions to seek justice. This article will guide you through the steps to take if you believe you've been wrongfully terminated in New Jersey.

In New Jersey, employees have certain rights and protections aimed at ensuring fair treatment in the workplace. These rights include protection against discrimination based on factors such as race, color, national origin, sex, religion, disability, and age, thanks to the New Jersey Law Against Discrimination (NJLAD). Employees also have the right to a safe and healthy work environment, as enforced by the New Jersey Department of Labor and Workforce Development's Occupational Safety and Health Program. It's crucial for employees to be aware of their rights, as well as the avenues available for addressing violations of these rights, to ensure they are treated fairly and justly in the workplace.

Understanding Employment at Will in New Jersey

Before we cover the steps to take if you've been wrongfully terminated, it's important to understand the concept of "employment at will." New Jersey, like many other states, follows the employment at-will doctrine. Unless you have an employment contract stating otherwise, you can be terminated at any time, for any reason (with some exceptions) or no reason. However, this doesn't mean employers have complete freedom to terminate employees without any constraints.

Exceptions to Employment at Will

While New Jersey follows the employment-at-will doctrine, there are several exceptions and protections in place to prevent wrongful termination:

• Discrimination: Employers cannot terminate employees based on race, color, national origin, sex, religion, disability, or age (if over 40). This protection is provided under various federal and state laws, including the New Jersey Law Against Discrimination (NJLAD).
• Retaliation: Employers cannot terminate employees in retaliation for engaging in protected activities, such as reporting workplace harassment, discrimination, or unsafe conditions. Retaliation is also prohibited under NJLAD.
• Breach of Contract: If you have an employment contract, your employer must adhere to the terms and conditions outlined in the contract. If they violate these terms, it may constitute wrongful termination.
• Violation of Public Policy: Employers cannot terminate employees for reasons that violate public policy, such as firing an employee for refusing to engage in illegal activities or whistleblowing on unethical or illegal conduct within the company.
• Implied Contracts: Sometimes, courts may recognize implied contracts based on oral or written representations made by the employer. If you can prove that your employer made specific promises about job security, this may create an implied contract that protects you from wrongful termination.

Steps to Take if You Suspect Wrongful Termination

If you believe you've been wrongfully terminated in New Jersey, follow these steps to protect your rights and seek legal recourse:

• Gather Evidence: Collect all relevant documents and evidence related to your employment and termination. This may include employment contracts, performance reviews, emails, texts, or other communication that could support your claim.
• Consult an Attorney: It's advisable to consult with an experienced employment attorney who specializes in wrongful termination cases. An attorney can assess the strength of your case, explain your rights, and guide you through the legal process.
• Review Employment Policies: Carefully review your employee handbook or any company policies relevant to your termination. This can help you understand whether your employer followed their own procedures.
• File a Complaint with HR: If you believe your termination is due to discrimination, harassment, or retaliation, it's important to report the issue to your company's human resources department. Make sure to keep records of your complaints and any responses received.
• File a Complaint with Government Agencies:

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