Standing Up to Unfair Dismissal: Your Rights in New Jersey

Losing your job can be stressful, especially if you believe the termination was unjust. In New Jersey, workers are protected under various state and federal laws. If you’ve been unfairly dismissed, understanding your rights is the first step toward seeking justice.

What is Unfair Dismissal?

Unfair dismissal occurs when an employee is terminated without a valid reason or in violation of the law. In New Jersey, most employment is considered "at-will," Castronovo & McKinney, Employment Law Attorneys  meaning employers can terminate employees for almost any reason—or no reason at all. However, there are key exceptions.

You may have a valid claim for unfair dismissal if your firing was based on:

  • Discrimination (race, gender, age, religion, etc.)

  • Retaliation (for whistleblowing, filing complaints, or asserting legal rights)

  • Breach of contract

  • Violations of public policy (e.g., being fired for taking jury duty or family leave)
     

New Jersey Laws That Protect Workers

New Jersey has strong labor laws that complement federal protections. The New Jersey Law Against Discrimination (NJLAD) and the Conscientious Employee Protection Act (CEPA) are two major statutes that protect workers from wrongful termination.

  • NJLAD prohibits firing employees based on protected characteristics like race, sex, disability, or sexual orientation.

  • CEPA, also known as the whistleblower law, shields employees who report unethical or illegal activities from retaliation.
     

Steps to Take If You’ve Been Unfairly Dismissed

  1. Document Everything: Keep records of emails, performance reviews, and any communication related to your termination.

  2. Request a Written Reason: Ask your employer to explain the reason for your dismissal in writing.

  3. File a Complaint: You can file a complaint with the New Jersey Division on Civil Rights or the Equal Employment Opportunity Commission (EEOC), depending on the nature of the dismissal.

  4. Consult an Employment Attorney: A lawyer can help assess your case, preserve your rights, and pursue compensation if applicable.
     

Possible Remedies for Unfair Dismissal

If your dismissal is found to be unlawful, you may be entitled to:

  • Reinstatement to your former position

  • Back pay and lost benefits

  • Compensatory and punitive damages

  • Legal fees and court costs
     

Conclusion: You Have the Right to Fight Back

No one should suffer in silence after being unfairly dismissed. New Jersey law offers real protection, and resources are available to help you stand up for your rights. If you believe you’ve been wrongfully terminated, take action—your future depends on it.

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