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Wrongful Termination: The Basics

While employers have a right to fire workers at will in New Jersey, they cannot do so for unlawful reasons. If you are wrongfully terminated, you have the right to bring an action against your employer. Although these cases are not easy to prove, an experienced employment attorney can work to present your case in the best light possible.

Some illegal reasons for wrongful termination include an employer’s firing an employee:

  • For whistleblowing (complaining about illegal activity by the employer)
  • In violation of federal or state laws on discrimination
  • For refusing to violate laws or regulations
  • In violation of a contract such as oral and written employment agreements or contracts, or union contracts
  • For alerting supervisors about OSHA violations
  • As a type of sexual harassment
  • For seeking accommodations for a disability
  • For filing a workers comp claim
  • For taking legal family or medical leave

The termination can be direct or constructive. Constructive termination occurs when the place of employment becomes so hostile or uncomfortable that an employee resigns.

Remedies available for wrongful termination include the following:

  • Injunctive relief at the job
  • Lost earnings
  • Punitive damages
  • Reinstatement to the position
  • Reinstatement of benefits
  • Legal fees
  • Court costs
  • Compensatory relief for pain and suffering
  • A severance package

Skilled attorneys know the type of evidence needed to prove a wrongful discharge case. Your employee handbook may cover the issue. If you suspect you are about to be wrongfully terminated, document as much as you can about the situation and get in touch with experienced New Jersey employment lawyers.

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Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Senior Partner

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey's premiere practitioners of employment and civil litigation. Mr. Atkins has also been included in the Thomson Reuters list of New Jersey Super Lawyers* in Employment Litigation since 2005. Mr. Atkins believes employees have rights that should be aggressively pursued when an employer has wrongfully dealt…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict in a…

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Robert J. Pantina
Attorney

About Robert J. Pantina joined the firm in 2018. Mr. Pantina received his B.A. from Rider University in 2008. He received his J.D. from the Elisabeth Haub School of Law at Pace University in 2017. While in law school, Mr. Pantina interned for the Hon. Bonnie J. Mizdol, Assignment Judge of the Superior Court of…

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Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins, PC in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins, PC, Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination, disability discrimination, FMLA, New…

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