Wrongful discharge in New Jersey is a legal term for an unlawful firing. The law protects people from management misconduct in breaking the reasonable expectations of employees. This could be based on breach of contract, a violation of a Collective Bargaining Agreement, breaking an implied covenant of fair dealing, retaliation for an employee’s “whistleblowing” activities, or the employer’s unlawful discrimination/retaliation against you based on your protected classification.

People often get attached to their employment and feel like they are family members in a family. Being fired is like being expelled from that family and most employees, especially long-termers who deeply care about their job, workplace, and co-workers, often become outrated by being let go. Many people are surprised to find out that New Jersey remains an “at will” employment state (see below for details), unless you have an actual contract of employment or a handbook policy on which to rely.

Mere employer ignorance, arrogance, personal dislike, or stupidity, not connected with unlawful discrimination/retaliation for protected classes of employees, may have extremely painful consequences for you, but they are not against the law. Firing after “garden variety” unfair treatment or because your manager doesn’t like you personally are not grounds for a legal claim, let alone a lawsuit. Courts will not second-guess management, unless the former employee has proof of genuine wrongdoing.

New Jersey’s “at will” employment status for all non-contract employees is a significant potential barrier to a wrongful termination claim. Unless your firing violates a law or a contract between the employer and you, you can be fired at any time for any lawful reason – just as you may quit at any time for any reason.

What NJ Laws Cover Wrongful Discharge?

There are state and federal statutes as well as NJ common law decisions (developed by court opinions over the years) covering wrongful termination. They involve a wide range of issues — yet the nub of the case is that you did or said or were something you were entitled to do or say or be – and the employer got rid of you for those reasons. That includes doing or reporting something in a lawfully protected status, such as “whistleblowing” — reporting internally or to industry regulators about pollution or corruption; or filing something you had a right to file, such as a workers’ comp claim, occupational safety and health claim, unlawful discrimination claim, or paid sick leave. That is known as unlawful retaliation and New Jersey public policy forbids it.

What Law Applies in Your Situation?

1. The Conscientious Employee Protection Act

The Conscientious Employee Protection Act (CEPA) is a NJ law covering negative actions against a worker, including demotions, discipline, pay cuts, and discharge if the employer does one of those things based upon an employee’s protected actions – called “whistleblowing”.

CEPA prohibits employer retaliation against employees who act in the company’s or society’s interests. The law covers discussing issues with management, government entities, and internal or external investigators or public media. Healthcare workers who want to address patients’ substandard care are also protected.

2. Employment Anti-Discrimination Statutes

State and federal statutes protect employees from negative actions based on their protected basis (race, religion, gender, age, religion, disability) or their protected acts (complaining of discrimination, asking for a reasonable accommodation for a disability, participating in an investigation or lawsuit). One of those negative actions could be a termination or layoff. If that’s the case, the ex-employee may have a claim for wrongful termination

3. Workers Compensation Law

The NJ Legislature wants employees to file for workers’ compensation when appropriate, but that may result in elevated costs for an employer. Some employers don’t like that and routinely “get rid of” employees who file such claims, justifying the discharge on the grounds the employee no longer can perform the essential duties of the job. The Legislature recognized the danger that an employer could retaliate against an employee for claiming benefits — including by firing – and they outlawed it. Losing your job because you seek workers’ comp benefits amounts to wrongful discharge.

Has Your Employer Wrongfully Terminated Your Employment?

If you believe you have grounds for a legal claim, contact Kingston Law Group with questions or concerns about what happened and what you can do about it. You may reach us through email (hisaacs@kingstonlawgroup.com) or by calling us at 609-683-7400.

We will schedule a near-term reduced fee initial consultation. We will listen to your facts, explain the law, and outline your best avenues to achieve social and economic justice. We can speak with you on the phone, through a Zoom call, or in-person if you’re vaccinated against Covid-19. We accept credit card payments, and our appointments are from 9 a.m. to 5:30 p.m., Monday to Friday. We can schedule evening appointments during the work week by special appointment only.

Contact us today. You’ll be glad you did.