While New Jersey is an at-will employment law jurisdiction, an employee could still potentially have a claim for wrongful termination in certain circumstances. As with other types of legal claim, any wrongful termination claim must be initiated before the statute of limitations expires. What is the statute of limitations for wrongful termination in New Jersey? It depends on the specific cause of action—though, in most cases, it is two years. Below, you will find a comprehensive overview of the key things to know about the statute of limitations for wrongful termination claims in New Jersey.
Defining Terms: Wrongful Termination and Statute of Limitations
As a starting point, it is important to understand what “wrongful termination” and the “statute of limitations” means from a legal perspective in New Jersey. Here are working definitions:
- Wrongful Termination: A wrongful termination is the firing, laying off, or otherwise removal of an employee on unlawful grounds. A claim could involve allegations of breach of contract, discrimination, retaliation, or violation of public policy.
- Statute of Limitations: The statute of limitations is a legal time frame within which a claimant must file a lawsuit. The deadline to file any type of legal claim—including a wrongful termination claim—can vary based on the underlying cause of action.
Statute of Limitations Depends on Cause of Action (Often But Not Always Two Years)
In New Jersey, the statute of limitations for a wrongful termination claim depends on the cause of action, which is the specific legal basis for the claim. While the time limit is often two years, it can vary depending on the particular circumstances and the laws implicated in the case. It is crucial for employees who believe they have been wrongfully terminated to understand these limitations and act promptly to protect their rights. Likewise, businesses or organizations facing a wrongful termination claim from a former employee should understand the relevant statute of limitations. Statutes of limitations for some notable wrongful termination claims are as follows:
- New Jersey Law Against Discrimination (LAD): A wrongful termination claim brought under the New Jersey Law Against Discrimination (LAD) is subject to a two year statute of limitations.
- Breach of Employment Agreement: Under New Jersey law (N.J.S.A. § 2A:14-1), breach of contract claims, including breach of an employee agreement, are subject to a six year statute of limitations. Wrongful termination for breach of contract may fall under this statute.
- Breach of Union Contracts: A federal law called the National Labor Management Relations Act limits the statute of limitations for wrongful termination claims for breach of union contract to just six months.
Contact Our New Jersey Wrongful Termination Attorney Today
At the Law Offices of Usmaan Sleemi, we represent individuals and small and mid-sized businesses across the full range of employment law matters, including wrongful termination claims. If you have any specific questions about the statute of limitations in a wrongful termination case, we are here to help. Contact us now to arrange a confidential consultation. With a law office in Paramus, our law firm handles wrongful termination claims throughout New Jersey.
