Insights

At-Will Employment and Wrongful Termination in New Jersey

In New Jersey, employment is presumed to be at will, which means an employer can generally let you go without notice and without cause. People often hear this and assume they have no recourse when they are fired. That is not right. At-will employment has important limits, and a termination that breaks one of them is wrongful and actionable.

What at-will actually means

At-will means an employer does not need a good reason to fire you. It does not mean an employer can fire you for an illegal reason. The difference is everything. A boss can fire you because business is slow or because they simply prefer someone else. A boss cannot fire you because of your race or because you reported fraud.

When termination becomes wrongful

Discrimination based on a protected characteristic such as race, sex, age, religion, disability, or national origin
Retaliation for reporting harassment, discrimination, wage violations, or illegal conduct
Firing you for taking protected leave under the FMLA or the New Jersey Family Leave Act
Termination that violates a clear public policy, such as firing you for refusing to break the law
Breach of an employment contract or a promise that limited the right to fire

Public policy protections

New Jersey recognizes a wrongful discharge claim when a firing violates a clear mandate of public policy. The classic example is an employee fired for refusing to do something illegal, or for reporting conduct that endangers the public. The Conscientious Employee Protection Act gives whistleblowers strong protection in this area.

Contracts and handbooks

An offer letter, an employment contract, or even language in an employee handbook can sometimes limit at-will status. If you were promised job security or a specific process before termination, that promise may matter.

If you were fired

Save your reviews, emails, and any documents about the reason for your termination. Note what happened in the weeks before. If the timing lines up with a complaint or a protected trait, you may have a claim worth pursuing.

At John J. Zidziunas & Associates, LLC, our employment lawyers represent employees in New Jersey and throughout the New York City area. To talk through your situation with an attorney, call (212) 516-1868 or reach out to us for a free, confidential consultation. We work on a contingency fee basis, so you pay nothing unless we recover for you.

BACK TO BLOG

News

Insights