WRONGFUL TERMINATION LAWYER

SUING YOUR EMPLOYER FOR WRONGFUL TERMINATION IN NJ

You may have justification to file a claim against your employer if you were the victim of wrongful termination, which is sometimes referred to as “wrongful discharge” or “wrongful dismissal.” Therefore, it’s important to understand New Jersey’s employment and workplace discrimination laws.

New Jersey is an “at-will” employment state, which means employees can leave their jobs at any time, for any reason. On the other hand, it also means employers can fire employees at any time, for almost any reason.

While employers have significant flexibility in their hiring and firing decisions, state and federal laws create exceptions that protect certain workers. Under the New Jersey Law Against Discrimination (LAD), Title VII of the Civil Rights Act of 1964, and related laws, it is illegal to fire an employee solely because:

• He or she possesses certain traits. These traits, which are known as “protected classes,” include:
  • Age
  • Ancestry
  • Cellular/blood traits
  • Color
  • Disability
  • Gender identity
  • National origin
  • Nationality
  • Race
  • Religion (“creed”)
  • Sex
  • Sexual orientation
• He or she took certain actions. These actions, which are called “protected activity,” include:
  • Filing a complaint about sexual harassment or discrimination in the workplace
  • Reporting unsafe working conditions to OSHA or other agencies
  • Serving in the military

The LAD is enforced by New Jersey’s Division on Civil Rights, while Title VII of the Civil Rights Act is enforced by the Equal Employment Opportunity Commission (EEOC). With a few exceptions, these laws generally prohibit firing an employee because, among other reasons, he or she:

• Belongs to any racial or ethnic group
• Is over a certain age
• Possesses any type of religious beliefs
• Reported a prior incident of workplace discrimination, or an employer’s illegal activities
• Refused sexual advances or demands for favors