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Wrongful termination in New Jersey is when an employee is fired or terminated for an illegal reason that goes against the laws in place or public policy. While New Jersey is an at-will state for employment, the laws are very clear that an employee cannot be fired or terminated for a reason that breaks the laws. For the past 25 years, the experienced attorneys at the Derek Smith Law Group have helped employees who are the victims of wrongful termination get the compensation they deserve.
Wrongful termination in New Jersey occurs when an employee is fired or terminated for a reason that goes against the law. This can include issues, such as discrimination, retaliation, or reasons that go against public policy. Reasons a termination can be illegal include:
Several different forms can help prove wrongful termination considering there are several reasons and categories in which wrongful termination can exist.
An implied contract could be that an employee handbook states that an employee can only be fired for just cause. This means that that employer is no longer an at-will employer and cannot fire someone just because he wants to, as long as it is legal. A copy of the handbook or contract as evidence to support the termination was wrong and against the law.
New Jersey is an at-will employment state. This means that an employer can hire or fire an employee for almost any reason. Of course, it the reason breaks the law, the employer is not protected under the laws provided by an at-will employment state. Some examples of wrongful termination in New Jersey include:
Depending on your claim, your statute of limitations will vary. In New Jersey, if you have a wrongful termination based on discrimination, they may file a claim with the Equal Employment Opportunity Commission (EEOC) within 300 days of the termination. If you choose, instead to file a claim under the New Jersey Law Against Discrimination (NJLAD), you are allowed a 2-year time limit to file your claim for wrongful termination or retaliation.
If you are filing a claim under NJLAD for whistleblower retaliation, you only have 1 year to file your lawsuit.
If your claim is for breach of contract, whether verbal or written, you have a 6-year time limit to file your lawsuit, unless your contract specifies differently.
Finally, if you were fired because you refused to breach public policy or you were defamed as a result, you have a 3-year statute of limitations to file your wrongful termination claim.
As a victim of wrongful termination in New Jersey, you are entitled to seek justice. The court will often award some, if not all, of the following remedies:
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View All TestimonialsDuring the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial
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Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial
Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.
Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
Even in an at-will employment state, you deserve to know that you cannot be judged and fired because you are part of a protected class or choose to do the right thing.
If you are the victim of wrongful termination in New Jersey, the experienced attorneys at the Derek Smith Law Group can help.
Contact us today at (973) 388-8625 for your free consultation. We do not collect any money until you win your case.
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