New Jersey is an at-will employment state, which means that employers can fire employees without having a reason. While it’s true that you can be let go for no reason, you can’t be let go if the reason is one that’s illegal.
Wrongful termination occurs when an employer fires an employee because of a protected activity. These include reasons, such as retaliation or discrimination. Employers can’t terminate people because of pregnancy, disability, age, sexual orientation, national origin, race, religion or gender.
Whistleblower retaliation
They also can’t terminate someone as a form of whistleblower retaliation that stems from the employee reporting or cooperating with an investigation about illegal activities. These include violations of safety hazards, discrimination, harassment or labor law violations.
Public policy violations
New Jersey employees can also count on protections for upholding public policies. This means that there are exceptions to at-will employment if an employee refuses to do something illegal. They also cannot terminate you for doing something that the law requires, such as having to serve on a jury.
Keeping documentation is often important for employees in this situation. This can include retaining copies of positive employment reviews and anything else that shows your performance history. It’s also beneficial if you have proof of the protected activity you participated in, particularly if there’s evidence that it led to the termination.
Employees who believe they’ve been the victim of wrongful termination should review the circumstances surrounding the firing. It may be best for anyone who’s facing this situation to work with someone familiar with New Jersey and federal employment laws, such as the employment law attorneys at Piro Zinna Cifelli Paris & Genitempo, LLC, so they can help the victim learn their options. Those may include legal action against the employer. Time limits apply to these cases, so swift action is critical.
