Protecting the Rights
of Employees
of Employees
Wrongful Termination
Respected Bergen County Employment Lawyers Helping Employees Hold Employers Accountable After an Unlawful Discharge
Losing your job can feel like a punch to the gut—especially when you believe your employer’s decision was unfair or illegal. In New Jersey, a wrongful termination occurs when you are fired for a reason that violates your legal rights. That might mean being fired because of your race, gender, disability, or pregnancy, or because you stood up against discrimination, took protected medical leave, or refused to break the law.
At Rabner Baumgart Ben-Asher & Nirenberg, P.C., our Bergen County wrongful termination lawyers help employees understand their rights and pursue claims when an employer crosses the line. Not every firing is illegal, but if yours was then we are here to help.
Understanding Employment-at-Will in New Jersey
If you work in New Jersey, chances are you are an “at-will” employee. That means your employer can let you go for almost any reason—or no reason at all—without having to prove it was fair. At-will employment gives companies broad discretion, but it does not give them the right to fire you for an unlawful reason.
There are important exceptions to the at-will rule. If your firing was based on unlawful discrimination, retaliation, breach of contract, or another protected right, then you may have a valid wrongful termination claim.
Were You Fired for an Illegal Reason?
Wrongful termination claims come in many forms. If your firing falls under any of the following categories, it may be unlawful:
- Discrimination: If your employer fired you based on a protected characteristic like age, gender, race, disability, religion, national origin, sexual orientation, pregnancy, or marital status—that violates the New Jersey Law Against Discrimination (NJLAD).
- Retaliation: It is illegal for an employer to fire you because you spoke up about discrimination, reported illegal activity (whistleblowing), requested a medical leave under the Family and Medical Leave Act (FMLA), or filed a wage complaint. The law protects you from being punished for exercising your rights.
- Refusal to Participate in Unlawful Conduct: If you were fired for objecting to, reporting, or refusing to engage in illegal acts, then you may have a claim under New Jersey’s Conscientious Employee Protection Act (CEPA), which is a broad whistleblower law.
- Failure to Accommodate: If you were fired after requesting a reasonable accommodation for a disability, religious belief, or pregnancy-related need, then your employer may have violated your rights under state or federal law.
When You Are Forced to Resign
You do not need to be explicitly fired to have a wrongful termination claim. If your work environment becomes so hostile or unbearable that no reasonable person could be expected to stay, the law may treat your resignation as a termination. This is known as constructive discharge.
What About Other Adverse Employment Actions?
Being fired is just one way your rights can be violated. If you were demoted, denied a promotion, passed over for a job, or subjected to workplace harassment because of a protected characteristic or activity, you may have a related claim. Our firm also handles other employment claims, including ones involving adverse employment actions, discrimination, retaliation, and severance pay.
What Should You Do if You Have Been Fired Unfairly?
If you were fired and suspect it was not legal, do not ignore your instincts. Speaking with an experienced Bergen County wrongful termination lawyer can help you determine whether you have a case—and what steps to take next. Even if your termination was not unlawful, we still may be able to help you negotiate a severance package or advise you about restrictive covenants such as non-compete or non-solicitation agreement.
Talk to a New Jersey Wrongful Termination Lawyer
At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we advocate for employees who have been wrongfully terminated. We have decades of experience handling these cases across New Jersey and understand what it takes to build a strong claim. Whether through negotiation, arbitration, or litigation, we will work to hold your employer accountable. Call us at (201) 777-2250 or fill out our online contact form to schedule a confidential consultation.