Wrongful Termination Lawyer in Camden County

New Jersey’s At-Will Rule & Its Exceptions

Under New Jersey’s at-will employment doctrine, an employer can generally end a worker’s employment for any lawful reason or no reason at all, without advance notice. Several statutory and common-law exceptions, however, narrow that authority and protect employees in specific situations.

The three most significant exceptions are:

• Conscientious Employee Protection Act (CEPA): CEPA protects employees from retaliation when they report or refuse to participate in conduct they reasonably believe is illegal or violates public policy.
• NJLAD: The New Jersey Law Against Discrimination prohibits termination based on protected characteristics including race, sex, age, disability, national origin, and sexual orientation. Unlike many federal laws, NJLAD applies regardless of employer size.
• Pierce public-policy exception: Established in Pierce v. Ortho Pharmaceutical Corp., this common-law doctrine protects at-will employees from terminations that violate a clear mandate of public policy found in a statute, regulation, or professional code of ethics.

Filing Deadlines for Camden County Wrongful Termination Claims

Wrongful termination claims in New Jersey carry strict deadlines. Missing one can bar a claim entirely, which makes acting promptly after a termination important.

• New Jersey Division on Civil Rights: Certain civil rights claims must be filed administratively within 180 days of the discriminatory act. Some employees instead file directly in court under NJLAD, which carries a two-year statute of limitations.
• CEPA claims: Whistleblower claims under CEPA generally must be filed within one year of the retaliatory termination.
• EEOC charges: Federal discrimination claims filed with the Equal Employment Opportunity Commission typically require filing within 300 days in New Jersey because of the state agency’s work-sharing agreement.

Compensation Available in a New Jersey Wrongful Termination Claim

The damages available in a wrongful termination case depend on the legal theory and the specific facts. Claims can potentially include recovery for:

• Lost wages and future income: Compensation for earnings lost from the date of termination and, in some cases, income the termination affected going forward
• Back pay and benefits: The value of healthcare coverage, retirement contributions, and other benefits that would have been earned
• Emotional distress: Damages for documented mental anguish, anxiety, or depression caused by the termination
• Punitive damages: Available in cases involving particularly egregious employer conduct
• Attorney’s fees and costs: Some statutes, including NJLAD and CEPA, allow fee-shifting so that a prevailing employee may recover legal costs

Where Camden County Claims Are Filed

Employment-related civil claims arising in Camden County are heard at the Camden County Superior Court in Camden, New Jersey. Cases with an amount in controversy above $20,000 are assigned to the Civil Division. Claims between $5,000 and $20,000 go to the Special Civil Part. Which division applies affects how a case is prepared and what procedural rules govern it.