Wrongful Termination & Retaliation

New Jersey Wrongful Termination Lawyer

We represent New Jersey employees who were fired, demoted or pushed out for an illegal reason, and we build every case for trial so an employer that hid behind "at-will" has to explain the real reason in court. Call 908-219-4457 for a free consultation.

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At-Will Doesn't Mean Anything Goes

Maybe your boss told you New Jersey is at-will, so there was nothing you could do. Maybe you were let go a few weeks after you reported something that was not right, or after you complained about how you were being treated. The reason your employer gave is not always the reason you were fired.


As a wrongful termination lawyer in NJ, we look at what actually happened, tell you plainly whether you have a claim, and start building it from the first conversation. Wrongful termination and retaliation cases are a core part of our employment law litigation practice, and we represent employees throughout New Jersey from our Summit office at 4 Chatham Road.

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Is New Jersey an At-Will State?

Yes. New Jersey is an at-will employment state, which means an employer can end your employment for any reason or for no reason at all. What an employer cannot do is fire you for an illegal reason. New Jersey law recognizes several exceptions, and each one can support a wrongful termination claim.

  • Firing Because of Who You Are

    The New Jersey Law Against Discrimination (NJLAD) makes it illegal to fire someone because of a protected characteristic, including race, sex, age, disability, pregnancy, religion, national origin, sexual orientation and gender identity. If your firing followed that line, our workplace discrimination lawyers can evaluate the claim.

  • Firing After You Complained About Discrimination or Harassment

    The NJLAD also protects you when you speak up. Firing an employee for reporting discrimination or sexual harassment, filing a complaint, or supporting a co-worker's complaint is a separate violation of the law.

  • Firing for Blowing the Whistle

    The Conscientious Employee Protection Act (CEPA) protects employees who report, object to or refuse to take part in illegal or fraudulent conduct. A firing that follows that kind of stand can be whistleblower retaliation.

  • Firing That Violates Public Policy

    In Pierce v. Ortho Pharmaceutical Corp., the New Jersey Supreme Court held that an employee can bring a claim when a firing violates a clear mandate of public policy. This covers situations a specific statute may not, such as being fired for refusing to act against a professional code of ethics.

  • Firing That Breaks a Contract or Handbook Promise

    If you had a written employment contract that limited how or why you could be fired, a termination outside those terms can be a breach of contract. Under Woolley v. Hoffmann-La Roche, New Jersey courts can also enforce job-security promises in an employee handbook as an implied contract, unless the handbook clearly and prominently disclaims them.

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New Jersey Whistleblower Law: How CEPA Protects You

CEPA, N.J.S.A. 34:19-1 et seq., is one of the strongest whistleblower laws in the country. It protects you when you:

  • Disclose or threaten to disclose conduct you reasonably believe violates a law, rule or regulation, to a supervisor or a public body
  • Provide information to or testify before a public body investigating that conduct
  • Object to or refuse to participate in conduct you reasonably believe is illegal, fraudulent or incompatible with a clear mandate of public policy


You do not have to be right that the law was broken. You have to reasonably believe it was, and your employer has to take action against you because you acted on that belief.


CEPA also carries rules that trip people up if no one explains them early:

  • A CEPA lawsuit must be filed within one year of the retaliation.
  • If you plan to report to a public body, you generally must first bring the activity to a supervisor in writing and give the employer a reasonable chance to correct it. That written notice is not required when a supervisor already knows about the activity, or when you reasonably fear physical harm.
  • Filing a CEPA claim can waive other state-law claims based on the same retaliation, so the claims you bring have to be chosen with care from the start.


One year passes quickly when you are looking for work and trying to hold things together. If you reported something and lost your job, call us now so the deadline does not make the decision for you.

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A Retaliation Lawyer in NJ for Employees Who Spoke Up

Retaliation is not limited to whistleblowing. As a retaliation lawyer in NJ, we take on cases where an employer punished someone for complaining about discrimination or harassment, and that punishment can take many forms:

  • Being fired or forced to resign
  • Being demoted or passed over for a promotion you had earned
  • Having your hours, shifts or pay cut
  • Being written up, reassigned or frozen out of your role after the complaint


Retaliation for a discrimination or harassment complaint is its own claim under the NJLAD, with a two-year filing deadline. It can succeed even when the underlying complaint is disputed, because the law protects the act of speaking up.

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What You Can Recover After a Wrongful Termination

New Jersey law allows employees to recover for the full harm an illegal firing caused. Depending on the claim, that can include:

  • Back pay for the wages you lost
  • Front pay for future earnings, or reinstatement to your job
  • Lost benefits, including health insurance and retirement contributions
  • Emotional distress damages for the toll the firing took on your life
  • Punitive damages in qualifying cases where upper management took part in the misconduct or was willfully indifferent to it
  • Attorney's fees and costs, which the NJLAD and CEPA allow a court to shift to the employer when you win


That fee-shifting provision means you do not need deep pockets to take on an employer with a legal department behind it.

What to Do If You Were Fired

The steps you take in the days after a firing can shape the entire case. If you believe you were fired for an illegal reason, we recommend that you:

Step 1

Write down what happened

Record the dates, who was in the room, and what was said about your job, your complaint or your firing. Notes made close to the events carry weight later.

Step 2

Keep the records you are entitled to keep

Hold on to your offer letter, contract, performance reviews, pay records and any personal emails or texts about your job. Do not take confidential company files you were not authorized to have.

Step 3

Do not sign a severance agreement yet

A severance agreement almost always includes a release, and once you sign it you may have given up your claims. Have a lawyer review the agreement before you sign anything.

Step 4

Call us before the deadline runs

CEPA claims must be filed within one year and NJLAD claims generally within two. The sooner we hear from you, the more evidence we can preserve and the more options stay open.

Litigation-First Representation for New Jersey Employees

Employers take a wrongful termination claim more seriously when they know the lawyer on the other side is ready to try it. We prepare every case as if it will go to trial, and that preparation shapes every negotiation, mediation and courtroom appearance.

  • A litigation-first firm with over twenty years of personalized legal representation
  • Wrongful termination and retaliation cases litigated in New Jersey state courts and federal court, as well as in arbitration and mediation
  • Best Lawyers recognition from 2018 through 2025 and Super Lawyers recognition from 2019 through 2025
  • Andrew Smith named a New Jersey Super Lawyer for at least eight consecutive years
  • Attorneys who stay available, explain each step and keep you informed

Questions About Wrongful Termination in New Jersey

  • Can I sue my employer for firing me in New Jersey?

    You can if you were fired for an illegal reason. That includes discrimination, retaliation for complaining about discrimination or harassment, whistleblowing, a firing that violates public policy, or a breach of your contract or handbook. We review what happened and tell you directly whether you have a claim.

  • Is New Jersey an at-will employment state?

    Yes. An employer in New Jersey can generally fire you for any reason or no reason, but not for an illegal one. Discrimination, retaliation, whistleblower protections and contract rights are all exceptions to the at-will rule.

  • What counts as wrongful termination in New Jersey?

    Wrongful termination is a firing that breaks the law or a binding promise. Common examples are being fired because of a protected characteristic, for reporting harassment or illegal conduct, for refusing to break the law, or in violation of an employment contract or handbook policy.

  • How long do I have to file a CEPA claim in New Jersey?

    A CEPA whistleblower claim must be filed within one year of the retaliation. That is a short window, and waiting can cost you the claim entirely. If you were fired after reporting your employer, contact us as soon as possible.

  • I was fired after reporting my employer in NJ. What can I do?

    You may have a whistleblower retaliation claim under CEPA, or a retaliation claim under the NJLAD if you reported discrimination or harassment. Keep any records of your report, do not sign a severance agreement until a lawyer reviews it, and call us to go over your options before the deadline runs.

  • What can I recover in a wrongful termination lawsuit in NJ?

    Depending on the claim, you may recover back pay, front pay or reinstatement, lost benefits, emotional distress damages and, in qualifying cases, punitive damages. The NJLAD and CEPA also allow a court to order the employer to pay your attorney's fees. Call us at 908-219-4457 to talk through what your case could be worth.

Fired for the Wrong Reason? Make Them Answer for It.

Being let go does not mean you have to accept the reason you were given. We represent employees throughout New Jersey from our Summit office and offer a free consultation to review what happened, explain your deadlines and lay out your options. Call 908-219-4457 or reach out online today.