As an employee in New Jersey, you have probably heard of the term “wrongful termination.” However, while this term gets thrown around a lot, some employees don’t understand what it actually means. Generally, wrongful termination refers to an employee being fired illegally. Myths about wrongful termination exist that often lead to employees believing they were fired unlawfully when it may not have been the case. Other myths lead to employees assuming they don’t have a valid wrongful termination claim when they do. Understanding the myths surrounding the topic of wrongful termination is vital to differentiating between what is unlawful and what is lawful under employment law. Below, we debunk some of the most common myths about wrongful termination in New Jersey.
Myth #1: Termination Without an Explanation is Illegal
One of the most common myths about wrongful termination in New Jersey is that being terminated without an explanation is illegal. This is not true. New Jersey is an at-will employment state. In an at-will employment state, an employer can lawfully terminate an employee for any reason or no reason as long as the dismissal is not for an illegal reason, such as a discriminatory reason. In that same way, at-will employees are free to leave their jobs at any time for any reason or no reason at all without facing any adverse consequences.
Myth #2: An Employer Must Provide Notice Before Terminating an Employee
Another common misconception is that employers in New Jersey must provide notice before terminating employees. In most cases, they are not. The only exception is during layoffs or plant closures. Under the WARN Act, employers with at least 100 full-time employees are required to provide advance written notice of a mass layoff or plant closure affecting 50 or more employees at a single employment site.
Myth #3: An Unfair Termination Equals a Wrongful Termination
This is false. As mentioned, New Jersey employers are allowed to fire employees for any reason or no reason as long as the reason is not unlawful. While being fired in an unjust way can be frustrating, it is not considered illegal unless it violates specific laws, such as those prohibiting discrimination or retaliation.
Myth #4: Being Falsely Accused Equates to Wrongful Termination
Another common misconception among New Jersey employees is that if a supervisor or co-worker falsely accuses you and the accusation results in termination, it constitutes wrongful termination. Even if you are fired because of an untrue allegation, it does not necessarily make the termination unlawful unless the false accusation is tied to an illegal motive, such as discrimination based on protected characteristics such as age, gender, religion, nationality, or disability.
Myth #5: If You Quit, You Cannot File a Wrongful Termination Claim
In most cases, this is true. However, if you were constructively discharged, you may have grounds for a wrongful termination claim. Constructive discharge arises when an employee’s working conditions become so unbearable due to illegal treatment that quitting is the only viable choice. In such cases, quitting is legally treated the same as being fired.
Contact The Trabosh Law Firm
At The Trabosh Law Firm, our skilled New Jersey employment lawyer can help protect your rights if you were wrongfully fired. Contact us today to schedule a consultation and discuss your case.