Most employees in New Jersey are employed “at-will.” Employment at-will generally means that either you or your employer may terminate the employment relationship at any time, for any reason, with or without cause. However, there are exceptions to the at-will doctrine. The two most common exceptions are state and federal laws which prohibit discrimination and/or retaliation, such as:
The New Jersey Law Against Discrimination (NJLAD)
, which prohibits an employer from terminating your employment or taking other adverse action (e.g., suspension, demotion, pay cut, etc.) on the basis of your race, gender, age, national origin, religion, disability, sexual orientation, pregnancy, military service and other grounds.The New Jersey Conscientious Employee Protection Act (CEPA)
, which prohibits an employer from taking retaliatory action (e.g., termination, suspicion, demotion, etc.) against an employee who discloses, objects to, or refuses to participate in conduct that they reasonably believe to be illegal, fraudulent or in violation of public policy or which affects public safety or patient care.If you believe that your employer has given you a false explanation for your termination, you should contact us as soon as possible. If your employer has invented a false or dishonest reason for your termination, it may have done so in order to cover-up wrongful motives, such as unlawful discrimination or retaliation. Some of the most common employer excuses we encounter in wrongful termination cases are:
Minor violations of attendance, tardiness, code or conduct or other company policies that were not enforced until the employee made a complaint about discrimination, harassment or illegal activities.
Performance improvement plans (PIP), which are often a sham deigned to build a paper trail to justify an unlawful termination. PIPs frequently involve nitpicking criticisms that have never before been identified as performance deficiencies.
A reduction-in-force, where the employer claims that an economic downturn has forced it to lay off employees. These claims are often suspect, particularly when the “layoff” only impacts one or a few employees or older employees are more affected than younger.
In some cases, the employer wants to get rid of an employee, usually for some prohibited reasons, but is afraid to go forward with the termination. The employer will try to make the work environment so miserable, often times by reducing an employee’s duties and responsibilities, that the employee has no choice but to quit and seek new employment. In these cases, an employee can sometimes make out a claim for a “constructive discharge” if the workplace was so intolerable that anyone in the employee’s position would feel compelled to resign.