New Jersey Wrongful Termination

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New Jersey wrongful termination occurs when a worker has been fired from a job for an illegal or prohibited reason. New Jersey employees who believe that state or federal labor laws have been violated in their termination can file a New Jersey wrongful termination lawsuit to protect their rights.

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New Jersey At-Will Employment and Wrongful Termination

New Jersey is an "at-will"employment state, meaning that either the employer or employee may terminate the working relationship at any time with no notice or reason. There are, however, some important exceptions to the "at-will"doctrine. An employee cannot be fired for reasons that violate the law, that run contrary to public policy or that violate a contract or company policy.

In the first case, it is illegal to terminate a person' employment for discriminatory reasons, such as because of their age, race, sex, marital status, religion, national origin, sexual orientation, disability or gender identity. Employees also cannot be fired for reasons that are contrary to public policy, such as for refusing to carry out an illegal act, for taking time off for jury duty or for exercising their rights. Furthermore, they cannot be fired in retaliation for complaining about working conditions or being a whistleblower.

Finally, if there is a contract—implied or written—or if the company has a policy on firing employees, if the employment termination violates either then the employee may be able to file a lawsuit. The courts would then determine if a valid contract existed and if the termination violated that contract or company policy.

New Jersey Wrongful Termination and Independent Contractors

Independent contractors typically have fewer employment protections than employees. The courts, however, may find that an employee has been misclassified as an independent contractor. This is done based not on the worker's job title but on the actual duties of the job and the worker's autonomy. If an employee has been misclassified as an independent contractor and has been wrongly terminated, he or she may be eligible to file a wrongful termination lawsuit against the employer.

New Jersey Wrongful Termination Lawsuit

If an employee feels he or she has been terminated from a job in violation of laws, public policy or a contract, that employee can file a lawsuit seeking reinstatement to the position or a similar one, lost wages and damages.

New Jersey Wrongful Termination Legal Help

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Last updated on Dec-17-13

READER COMMENTS

Posted by
V DOE
on November 2, 2018

Worked for a company for just over 5 1/2 yrs. Went on vacation for a week. Returned and was advised that we all had to be at work at 7:55am going forward. I confirmed with the manager and was advised that it was correct " We are to arrive at 7:55am".
I entered my time sheet to reflect the arrival time and was termintated for this reason by email.

Posted by
Deanna
on October 11, 2018

Can a person in NJ get fired for not having a cell phone?
The company my husband works for is a security company. They have locations all over that they have contracts with. They are expected to call supervisors or company managers ect if necessary. However all sites have a phone for this reason. One of the sites he works at the phone is broken. The company refuses to fix it and is instead telling its employees they must use their cell phones. This isnt policy, they just demanded it because the phone at this site recently broke. We've hit hard times and our phones were shut off. They're telling him he could potentially lose his job for this...is it legal?

Posted by
Jennifer Anderson
on February 21, 2018

After 6 years of employment with a seasonal campground, new management came in and sent everyone termination letters over the winter....is this legal? Can I sue in small claims? Never had a write up or complaint in my work history and even have previous management backing how good of an employee I was! Im angry I dedicated 6 years to this company...then just let go

Posted by
Jamell council
on January 5, 2018

I worked for gold metal and Deptford nj they say they fired me because the way I reacted to my write up I reacted that way cause the write up was bs if he would of writen it up rite I would have reacted differently the write up said I abandoned my route with more than 50% of my route still laying witch was bs we had 2 streets left I had my driver call the supervisor cause I was sick throwing up I got statements from my driver and the other thrower that was on the truck with me ive been fired for 2 weeks now

Posted by
Ronald Robinson
on November 29, 2017

Worked 2 months no longer on probation...came to work initially for a part time job...but BC of my background they wanted me full time..ABM contractor for Amazon...after abt 2 weeks they fired the lead and asked me to take his place...I moved up with higher pay came in when called for overtime...I didnt use their benefits package since I have good benefits in place with my full time job I already have...the manager kept getting complaint abt her work and tried blaming me and my team but I took pictures sent them out and started covering myself with group texts so management over her knew me and my team were doing exceptional work..really..the manager was looking for a scapegoat..she sent me no last Friday asked me to turn in my phone which help my proof...although I got complimented for my work by management constantly..after not hearing from anyone in a couple of days I call her manager told her what was going on she told me she would get to the bottom of it I still haven't heard anything..no verbal reason why just to leave I ask y she wouldn't tell me...I asked again still no reason...she told me if I turned in my badge I would be quitting...so I help on to it...I haven't received anything in writing verbal suspension or termination..I was thinking of going to human relations commission labor board writing a letter of this intent or something BC as it stands they have me in limbo...I did research this company has been sued BC of their poor labor ethic...I just want to be treated fairly..this is my life...I feel like they have no regard for me..plz help...Tk u

Posted by
CHRISTINA SANTIAGO
on October 25, 2016

Hello i have been with my currently employer for 4 and half years. As of January 2016 we have a new administrator. Since she has startedi feel there has been some discrimination against me. There has been a few times my pay was in correct due to her error. After telling her several times and also in writing the issue was never resolved. Then as of July 15th 2016 i had spinal surgery and was out of work until October 3 of 2106. Upon my return my job was being taken over by another employee and i was told as of my return i would go back to my normal routine of work. As of Oct 12 2016 my job was still being handled by another employee, so at this time i again confront my boss and the employee on what i should be doing as the job i was normal doing was now being taking over by someone . Nothing was said at this time by neither my boss or the employee. The employee who was currently taking over and my coworker in my dept were then called into my bosses office to discuss the my job and not me. So i walked into the managers office to kindly find out what was going on and asked if i should also be presented as it also concerned me. I was advise that noone was taking over my job and she was simple helping out while i was out. I then asked but now upon my return the job is still being done by her and it seemed to me as of she was taking over my job. That was the end of that as of Oct 12 i was told the next day she would not being doing it anymore and i will return to my normal routine. Well Oct 13 i had an appointment with my surgeon as i was also still having pain after returning to work and ge suggested me to be out again for another 4 weeks to start physical therapy. So at that point i let my employer know by writing i would be out again until November 15 2016. I then get a letter in the mail from my employer dated 10/19. I received it 10/25. In the letter it states i have been terminated from the job as of 10/12/2016 for insubordination to administration and staff. Violation of safety rules and inability to maintain work standards.... is this right? Doesn't seem to me at all. I never violated any rules or saftey..

Posted by
Lisa Smith.
on September 12, 2016

Hi, question is it ok to allow me to work 6 hrs atfer I been terminated for 3 days. Example my paper work said separated from compan you on the 30th but they allow me to work 6 hrs on the 3rd is that fair?
I feel as though they used me until other help was available. Please let me know thanks. I believe I should had been fired before I started my shift.

Posted by
Jennifer
on April 19, 2016

I was just fired today because of my mental illness(bi polar and depression).

Posted by
John Doe
on February 5, 2016

State of nj. Was recently hired by employer in last 4 weeks. Unemployment claim presently open. 2 weeks worked were full 40 hrs and reported to njdol/ unemployment. 2 other weeks worked were 16 hrs and 24 hrs which entitled employee to partial benefits and filed with njdol/ unemployment. Employer receives notification of claimants filing for partial. Employer complains of njdol charGung account for employees partial claims and threatens to terminate employee if future claims are made. Employer states is contesting any and all claims. Employee has record of employer conversation on phone and documented hours dates etc... employee still employed by same employer. Does he have a retaliatory case and or EEOC CASE for discrimination in event of termination?

Show 3 More Comments

Posted by
Dawn
on January 4, 2016

I was "laid off" by my employer while I was recovering from surgery (date of surgery 12/19/2014). I was diagnosed with lobular carcinoma in situ of the left breast. I was only supposed to be out for 2 weeks but suffered post op complications and was out for 4 weeks. Before I was cleared to return to work, I was told 1/13/2015 that I was being laid off. My employer was kept apprised of the entire situation and I had filed for state disability when I was well enough to do so. Was it legal for them to do that to me?

Posted by
nellie bulandoz
on October 28, 2015

first of all the person was still on probation.Its very difficult situation when
You're trying your best but the audience w/c some co workers have their opinion alr
eady.That no matter how a much person effort input ,they will see the weakness not the goodness of a newly hired employee.
Or if the person complaining is the trainer
Or protocols and data while on training.Or you can ask feedback from customer.

Good luck and thank you.

Posted by
Felicia Crawley
on September 27, 2015

I have questions in regards to my termantion in March of 2015 after 5.5 years

Posted by
Caroline Missak
on August 7, 2015

I was just terminated after I complained to the financial specialist team lead that my hours at the bank branch should not be micro-managed by the branch manager according to their own policies. The branch manager gave a tainted picture of my progress at the branch since I was still in my probationary period and I was told that I was not a good fit for the branch irrespective of any sales I've completed. The regional banking manager said I was not engaging customers as they came in to do their banking and cross selling other banking products. This was expected of me without having had sufficient training in lobby engagement or resolving customer service banking issues. I believe I was wrongfully terminated based on my whistleblowing what the branch manager was doing - keeping me on the bank schedule without regard to the bank's policy with respect to in house financial specialists who are paid by the investments division of the bank. Please advise if I have any legal claim against this termination.