New Jersey follows an “at-will” employment doctrine, meaning employers generally have the right to hire and fire employees at their discretion. However, state and federal laws impose critical limits on this power. If you were wrongfully terminated, you may have legal grounds for a lawsuit. Contact Usmaan Sleemi, a seasoned New Jersey employment law attorney, to evaluate your case. Below are the most common situations where a termination may be unlawful.
Firing in Violation of Antidiscrimination Laws
Under the New Jersey Law Against Discrimination (NJLAD) and federal civil rights laws, employees cannot be fired due to their membership in a protected class, including:
- Gender, sexual orientation, or gender identity
- Pregnancy and breastfeeding
- Race or color
- Religion
- Disability
- National origin
- Age
- Genetic information
Employers often try to disguise discriminatory firings by citing poor performance or insubordination. However, if there is evidence that certain employees—such as women, minorities, or older workers—are disproportionately terminated, you may have a strong case for discrimination.
Retaliation for Reporting Discrimination
Laws against workplace discrimination would be meaningless if employees could be punished for speaking up. Both NJLAD and Title VII of the Civil Rights Act of 1964 prohibit retaliatory termination against workers who:
- Report discrimination or harassment
- Participate in workplace investigations
- File a formal complaint with the EEOC or New Jersey Division on Civil Rights
If you were fired shortly after reporting discrimination, this timing may serve as key evidence of retaliation.
Retaliation for Exercising Workplace Rights
Employers cannot retaliate against workers who lawfully exercise their rights, including:
- Requesting leave under the Family and Medical Leave Act (FMLA)
- Filing a workers’ compensation claim for an on-the-job injury
- Blowing the whistle on illegal or unethical conduct at work
- Reporting wage theft or other labor law violations
If your termination closely followed your complaint or legal action, this may indicate unlawful retaliation.
Firing for Refusing to Break the Law
New Jersey law protects employees from termination if they refuse to engage in illegal activity at their employer’s request. Workers who resist unlawful orders may also qualify as whistleblowers, granting them additional protections under the New Jersey Conscientious Employee Protection Act (CEPA).
Breach of Employment Contracts or Company Policies
Although most New Jersey employees are at-will, some workers have written employment contracts that specify termination conditions. If an employer fires you in violation of contractual terms, you may have a breach of contract claim. Additionally, some employee handbooks or policies create binding obligations on employers, even without a formal contract.
Take Action Against Wrongful Termination
Losing your job due to discrimination, retaliation, or employer misconduct is both financially and emotionally devastating. The Law Offices of Usmaan Sleemi is committed to protecting workers’ rights. Contact our firm today to schedule a confidential consultation and explore your legal options.
