McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501

If I Am Successful On A Wrongful Termination Claim Brought Under NJLAD, What Am I Entitled To?

Employees who prevail on a wrongful termination claim under NJLAD are entitled to:

  • Reinstatement to their previous position;
  • Back pay;
  • Damages for pain and humiliation;
  • Reimbursement for the loss of fringe benefits; and
  • Restoration of health and pension benefits.

Related FAQs

  • What is wrongful termination?

    Wrongful termination arises when an employee believes the employer illegally fired him or her. This occurs when an employee is fired and that firing breaches an employment contract or employment law.

    Read More

  • How do you prove wrongful termination?

    If your contract lays out grounds for termination the employer cannot fire you on other grounds. The contract itself can help prove wrongful termination by showing the grounds acceptable for termination and any policy or procedure articulated for termination.

    Additionally, to show that wrongful termination occurred you must show that you engaged in a protected action and that the protected activity was the reason for the termination.

    Read More

  • What Does “At-Will” Employment Mean?

    “At-will” employment means that an employer or employee may terminate the relationship at any time, without reason or cause. An employer may not, however, terminate a worker’s employment for unlawful cause, such as in violation of NJLAD, in retaliation for reporting harassment or discrimination in the workplace, or for whistleblowing. If you suspect you’ve been terminated for an unlawful reason, you may have grounds for a wrongful termination claim.

  • Can I Be Wrongfully Fired Even if I am Employed At-Will?

    Yes. There are multiple wrongful termination standards that protect employees in at-will employment relationships. This ensures that there are a multitude of scenarios in which a worker’s rights are protected, even for non-contracted work. For example, if a termination is a violation of public policy or of an implied contract, it can be disputed.

    Read More

  • Am I Entitled To A Warning Before I Am Terminated?

    No, you are not entitled to a warning before you are terminated. New Jersey is an “at-will” employment state, meaning that there is no legal obligation to provide advanced notice to an employee facing termination.

    Read More

  • Am I a Member of a Protected Class?

    The New Jersey Law Against Discrimination (NJLAD) firmly establishes that an employee cannot be fired for being a member of several protected classes. These include:

  • Is my employer required to give me a severance package?

    New Jersey law does not require severance packages, but some employers offer them in the context of separation agreements; always ask a lawyer before signing a separation agreement.

    Read More

  • What Role Does My Employment Contract Play In Helping My Wrongful Termination Case?

    Your employment contract could potentially help your wrongful termination case. Another exception to at-will employment is the existence of an employment contract which sets forth:

    • Acceptable grounds for termination; and
    • Procedures and protocols to be followed by an employer when termination of employment will be sought.

    Read More

  • Can I Get Fired for Discussing Politics on Social Media?

    Yes, you can get fired for discussing politics on social media. New Jersey is an at-will employment state which means a private employer can terminate you for any reason or no reason at all.  Therefore, if an employer concludes that your speech is causing other employees to feel uncomfortable or is harming or interfering with its business, you could be disciplined or terminated. This extends to posting on social media, wearing political clothing, pins, masks, etc.  Make sure to read your employee handbook to find out what conduct violates your workplace rules.

    Read More

  • Is Getting Fired Over Email a Form of Wrongful Termation?

    In the many states with at-will employment laws, employers are generally within their rights to fire a worker at any time, in any manner – including letter, phone call, or e-mail, provided the firing is not discriminatory or based on a person’s protected class status.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Results may vary depending on your particular facts and legal circumstances.

Disclaimer: This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here.

California Consumer Privacy Act (CCPA) Opt-Out IconYour Privacy Choices Notice at Collection