Do I Have Rights as a Terminated Employee in New Jersey?

employee holds papers about wrongful termination

After getting terminated from your job, you might be wondering—what is the reason for your termination? You may want to know what your rights are if you have been wrongfully terminated from your job in New Jersey. 

Nothing requires employers to give employees a reason for their termination not unless specified in the signed contract. However, there are some exceptions to this rule. If you encountered termination due to your race, religion, gender, or national origin, you might have a claim against your employer!

Ashton E. Thomas Esquire is a lawyer who handles wrongful termination lawsuits. If you are wrongfully terminated from your job in NJ, Mr. Thomas can help you file a wrongful termination lawsuit in New Jersey and get the compensation you deserve. 

Wrongful Termination

In New Jersey, generally the wrongful termination statute of limitations is two years from the date of the alleged wrongful termination. To successfully bring a claim for wrongful termination, an employee must show that the termination has an illegal reason, such as discrimination or retaliation. Employees in such cases must file the case in court before the statute of limitations runs out.

New Jersey is an at-will employment state, meaning employers can generally terminate employees for any reason or no reason. However, there are exceptions, and employees who are wrongfully terminated may be able to recover damages. 

A few different types of wrongful termination can occur in contract employment and at-will employment. 

Common Cases

Even in a situation where no contract was signed, the court could still find the employer guilty of breaching an implied contract. If the employer made specific promises of job security, and there is significant evidence to back the claim, you may have the right to sue for unlawful dismissal.

The second type of wrongful termination occurs when an employer retaliates against an employee who has engaged in a protected activity. Protected activities include filing a discrimination complaint, testifying in a discrimination case, or refusing to engage in discriminatory conduct. 

For example, firing an employee for filing a sexual harassment complaint or reporting a coworker’s racist statements would be retaliation. Similarly, if an employee at work refused romantic advances, the employer would be illegally retaliating against them if fired.

The third type of wrongful termination occurs when an employer discriminates against an employee based on race, religion, gender, or other protected characteristic. 

Federal and state laws also prohibit employers from harassing their employees. Workplace harassment is a form of discrimination that can include unwelcome comments, jokes, or physical contact. It may be illegal if the harassment is based on a protected characteristic like race or gender.

If you have experienced any of the above unlawful firing practices, you have a right to sue your former employer, even after being terminated.

Damages You Can Recover in a Wrongful Termination Lawsuit

In law, recoverable damages are those damages that can be recovered in a court of law. This includes both economic and non-economic damages. 

Economic damages can be quantified in monetary terms, such as medical expenses, lost wages, and property damage. Non-economic damages cannot be quantified in financial terms, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Recoverable damages in a wrongful termination suit may include lost wages, emotional stress, punitive damages, court fees, and attorney costs.

  1. Lost wages are damages incurred when an employee is wrongfully terminated and unable to find new employment.
  2. Emotional stress damages may be awarded when the termination was particularly egregious or when the employee can show that the ending has caused them severe emotional distress.
  3. Punitive damages may be awarded in cases of gross negligence or when the employer acted maliciously.

If you have been wrongfully dismissed from your job, Ashton E. Thomas Esquire can help you file an unfair dismissal lawsuit against your employer. He will work with you to gather evidence and build a solid case to prove that your dismissal was unjust and that you are entitled to compensation. With his experience and knowledge of employment law, Mr. Thomas will fight for your rights and ensure you receive justice. Call us today while you still have time to recover the damages in your wrongful termination.