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McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
Wrongful Termination Lawyers | Header Image | McOmber McOmber & Luber

Wrongful Termination Lawyers

Experienced NJ Wrongful Termination Lawyers

The vast majority of workers in New Jersey are considered at-will employees, who can be dismissed by their employer without warning. Although the termination may feel unfair, it may be completely legal in many cases. However, exceptions do exist. Employees who are members of a protected class or who engage in protected conduct cannot be fired on the basis of those attributes and actions. Employers who violate these rules can be held accountable for wrongful termination. Employees who are found to be wrongfully terminated can receive compensation including back pay, damages for pain and suffering, as well as reinstatement. With offices in Red Bank, NJ, and Marlton, NJ, the wrongful termination lawyers at McOmber McOmber & Luber, P.C. can help if you have been wrongfully terminated due to employment discrimination, as retaliation from making a complaint, or in violation of an employment contract. We also represent employers who have been charged with wrongful termination or want to prevent these claims. We will help you understand your rights and options and seek the maximum compensation for your situation.

State And Federal Laws Protect Employees From Wrongful Termination Due to Employment Discrimination

The New Jersey Law Against Discrimination (NJLAD) firmly establishes that an employee cannot be fired because of his or her membership or association with a protected class. Employers who violate this law are subject to serious penalties for employment discrimination, as well as wrongful termination. Classifications protected by the NJLAD include, but are not limited to:

Employees who prevail on a claim under the New Jersey Law Against Discrimination 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.

Additionally, there are federal laws that protect employers with these classifications, and employers can face wrongful termination penalties for violating these laws. These federal laws include, but are not limited to:

Protection From Wrongful Termination as Whistleblower Retaliation

Employees who voice concerns about unsafe work conditions or object to illegal business practices also cannot be fired on the basis of those complaints. Known as whistleblowers, these workers are shielded from wrongful termination by the New Jersey Conscientious Employee Protection Act (CEPA). Under CEPA, it is illegal to fire an employees who:

  • Informs a supervisor or the public about an illegal activity, policy, or practice;
  • Provides information or testifies during an investigation, hearing, or inquiry involving the employer;
  • Provides information that the employer deceived or misrepresented a shareholder, client, investor, or patient;
  • Provides information about an activity on behalf of the employer that they believe to be illegal; or
  • Objects to, or refuses to participate in, an activity, policy, or practice that they believe is illegal or against the best interest of public health or safety.

Federal laws, such as the False Claims Act, can also be implicated when the complained-of conduct involves the defrauding of a federal program like Medicaid or Medicare. Violations under the False Claims Act include, but are not limited to:

  • Presenting a claim for payment to the federal government knowing it is false or fraudulent;
  • Attempting to get a claim paid by the federal government using a false record or statement;
  • Conspiring with other individuals to get the federal government to pay for a false or fraudulent claim;
  • Intentionally using false records or statements to avoid satisfying a financial obligation or transmit property to the federal government;
  • Overcharging for goods and services provided by government contracts;
  • Knowingly selling products that are defective or dangerous; and
  • Marketing drugs for uses that have not been approved by the FDA.

Employees who shed light on wrongdoing by their employer are protected from termination under state and federal law, and can receive reinstatement to their position, back pay and in some cases a portion of whatever funds government officials recoup from the offending employer.

Fighting Illegal Termination With A Breach Of Contract Action

Another exception to at-will employment is the existence of an employment contract which sets forth acceptable grounds for termination, as well as procedures that must be followed by an employer during termination. Workers should familiarize themselves with the terms of their employment contract. Notably, a contract need not always be put into writing in order to be considered valid in court. An oral contract can consist of a verbal promise by an employer to retain an employee for a certain period of time, or to terminate only for specific reasons. Additionally, the existence of a contract can be implied by an employer and used as evidence in the event of wrongful termination.

Examples of employment contracts in New Jersey which can contain grounds for termination include, but are not limited to:

Our Wrongful Termination Lawyers in New Jersey Can Help You

When an employee is terminated, wrongfully or otherwise, it is imperative that they question the circumstances surrounding their dismissal. A supervisor or manager should provide a detailed explanation for the termination as well as evidence supporting the decision.

If an employee suspects that they have been fired because of their membership in a protected class, their participation in a protected activity, or in violation of the terms of a valid employment contract, a wrongful termination lawsuit may provide relief. Contact our experienced NJ wrongful termination lawyers today to discuss your case and review your options.

Wrongful Termination Lawyers FAQs

  • 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.

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

    Yes. 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.

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  • 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.

  • What Is the NJ WARN Act?

    The New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN) expands part of the Federal WARN Act by requiring notice even when the employment losses result from a sale of a business.

    The NJ WARN Act also contains strict provisions with respect to job transfer circumstances and penalties for employers violating the Act.

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  • Can I Still File a Charge with the EEOC if I Believe that I Have Been Discriminated Against Based on My Age, Race, Sex, or Disability, Even If I Signed a Waiver Releasing My Employer from all Claims?

    Yes. While your severance agreement may use broad language to describe the claims you are releasing (i.e., “all claims”), you are within your rights to file a charge with the EEOC if you believe you were discriminated against while you were employed or if you believe you were wrongfully terminated.

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  • 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:

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

    Yes. There are multiple wrongful termination standards which 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.

  • Was My Termination a Violation of Public Policy?

    Some of the most common occurrences of wrongful termination are violations of public policy. This means that the employer’s reasoning for firing their employee violates clear, well-established and well-outlined public policies of the state. For example, it is illegal in most states for an employer to fire an employee for filing a Workers’ Compensation claim. In addition, this covers most discrimination laws. If an employee is fired on the bases of race, religion, gender, sexual orientation or similar reasons, that is considered wrongful termination.

  • If I Speak Out About Misconduct By My Employer, Can I Be Terminated?

    No. Employees who voice concerns about unsafe work conditions or object to illegal business practices cannot be fired on the basis of those complaints.

    Known as whistleblowers, these workers are shielded from wrongful discharge by the New Jersey Conscientious Employee Protection Act (CEPA). Under the CEPA, employees are protected from retaliation such as demotion or termination after speaking out about misconduct by their employer.

  • 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.

Office Locations

Red Bank Office

Marlton Office

Newark Office

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

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.

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