Employment in the state of New Jersey is mostly considered to be "at-will" employment. "At will" means that for any reason, both the employer or the worker may end the work relationship at any point. The only exception to "at-will" employment is that the employment can not be terminated in a manner that breaks the law.

It is essential that you find out what type of employment your work is classified as, because employment that is not considered to be "at will" is subject to different restrictions. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract procedures.

What are the Illegal Grounds for Terminating At Will Employment in New Jersey?

The most common illegal ground for terminating a New Jersey employee is discrimination. An employer cannot terminate an employee simply for being of a particular race, nationality, religion or gender. Elmwood Park employers are further barred from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.

Furthermore, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Finally, employers cannot terminate employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.

Do I Need a New Jersey Attorney for My Wrongful Termination Case?

A local Elmwood Park, New Jersey attorney can better inform you about whether a wrongful termination has occurred, and will also help in collecting the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.