Fired Right After a Positive Performance Review? What NJ Law Says

Introduction: Fired After a Positive Performance Review? You’re Not Alone

Imagine this: You walk out of a performance review feeling on top of the world. Your manager praised your work, complimented your dedication, and maybe even hinted at a promotion. Then, seemingly out of nowhere, you’re called into another meeting—this time to be fired.

 

Wait… what?

 

If this has happened to you, you’re not alone. Many New Jersey employees have faced the confusion and frustration of being fired shortly after receiving glowing feedback. It feels contradictory, unfair, and downright suspicious. You’re left wondering:

• “Can they legally do this?”
• “Isn’t this a form of wrongful termination?”
• “What does NJ law say about this?”

 

The good news is that you may have legal protections, even in an at-will employment state like New Jersey. This article will help you understand:

 

• ✅ Why being fired after a positive review could signal something illegal.
• ✅ The key laws that protect NJ employees from wrongful termination.
• ✅ What to do if you think your firing wasn’t just unfair—but unlawful.

 

At-Will Employment in NJ: What It Means

New Jersey is an at-will employment state, which means:

• Employers can fire you at any time, for almost any reason—or even no reason at all.
• Employees can also quit their job at any time without notice.

 

⚠️ But Here’s the Catch:

While at-will employment gives employers broad flexibility, it’s not a license to break the law. There are important exceptions where terminations are illegal, including cases of:

• Discrimination
• Retaliation
• Breach of contract
• Violation of public policy

✅ Legal Reasons for Termination:

• Company restructuring or downsizing
• Documented poor performance (despite positive reviews, if supported by other evidence)
• Personality conflicts (as long as they’re not discriminatory)

❌ Illegal Reasons for Termination:

• Firing based on race, gender, age, disability, or other protected characteristics
• Retaliation for reporting workplace misconduct
• Termination in violation of an employment contract

 

Legal Termination Reasons	Illegal Termination Reasons
Company restructuring or downsizing	Firing based on race, gender, age, disability, or other protected characteristics
Documented poor performance	Retaliation for reporting workplace misconduct or whistleblowing
Personality conflicts (if non-discriminatory)	Termination in violation of an employment contract

 

 

Is It Legal to Be Fired After a Positive Performance Review?

🤔 The Short Answer:

Yes—technically. Under at-will employment, your employer can terminate you even after giving a glowing review. BUT if the firing violates state or federal laws, it could be illegal.

 

🚩 When It Might Be Illegal:

1. Discrimination:
   • Fired based on race, gender, religion, disability, age, or other protected categories under the New Jersey Law Against Discrimination (NJLAD).
2. Retaliation:
   • Terminated after reporting harassment, discrimination, safety violations, or for whistleblowing, which violates the Conscientious Employee Protection Act (CEPA).
3. Breach of Contract:
   • If you have a written or implied employment contract that guarantees job security, firing you may be a breach of that agreement.
4. Violation of Public Policy:
   • Fired for refusing to engage in illegal activities, serving on a jury, or exercising legal rights (like taking family leave).

💡 Example:

• You receive a stellar review. A week later, after requesting medical leave under the NJ Family Leave Act, you’re suddenly fired. This timing raises a red flag for potential retaliation.

 

Legal Termination Reasons After a Positive Review	Illegal Termination Reasons After a Positive Review
Company restructuring or downsizing	Fired based on race, gender, age, disability, or other protected characteristics
Change in business needs or position elimination	Terminated in retaliation for reporting workplace misconduct, harassment, or requesting medical leave
Manager’s discretion due to shifting team dynamics	Fired after whistleblowing or reporting illegal company practices
Differences in management expectations or leadership style	Termination violates an employment contract or implied agreement

 

Red Flags That Your Firing Might Be Illegal

Being fired after a positive performance review is strange enough—but if any of the following apply, it could be a sign of wrongful termination:

 

🚩 Common Red Flags:

1. Suspicious Timing:
   • Fired shortly after filing a complaint about discrimination, harassment, or safety violations.
2. Sudden Policy Changes:
   • Company suddenly cites new performance “issues” that were never discussed before.
3. Inconsistent Explanations:
   • Different managers give conflicting reasons for your termination.
4. Retaliation Patterns:
   • Other employees who raised concerns were also terminated.
5. Protected Activity Connection:
   • Termination follows protected activities like reporting illegal conduct, requesting medical leave, or whistleblowing.

Real-World Example:

• Mark received an “Employee of the Month” award in January. In February, he reported unsafe working conditions to HR. By March, he was fired for vague “performance issues” with no documentation to support it. This pattern strongly suggests retaliation.

 

Visual Suggestion:
Checklist: “Is Your Firing a Red Flag? Signs of Potential Wrongful Termination.”

 

Real-Life Case Study: Sarah’s Story

Scenario:
Sarah worked at a tech company in Newark, NJ. She had just received a stellar performance review, with praise for her leadership and a recommendation for a promotion. Two weeks later, she was fired without any clear explanation.

 

What Happened:

• Sarah had recently filed a complaint about gender discrimination after witnessing unfair treatment in her department.
• Her employer claimed “restructuring” was the reason, but no other employees were laid off.

 

Legal Outcome:
Sarah contacted Swartz Swidler, who identified this as a potential retaliation case under NJ law.

• Result: Sarah filed a lawsuit, and her former employer settled for a significant sum, covering lost wages, emotional distress, and legal fees.

 

Lesson:

“If your termination feels suspicious—especially after engaging in protected activities—don’t ignore the signs. Legal protections are in place for a reason.”

 

 

How to Prove Wrongful Termination in NJ

If you believe your firing was unlawful, here’s how to build a strong case:

📝 Step 1: Gather Evidence

• Performance Reviews: Show that your work was recently praised.
• Termination Letter: Note the stated reason for your dismissal.
• Emails & Documentation: Any written communication related to complaints, HR discussions, or protected activities.
• Witness Statements: Colleagues who can confirm retaliation, discrimination, or unfair treatment.

🔍 Step 2: Identify Patterns

• Were other employees fired after raising concerns?
• Did the company provide inconsistent reasons for your termination?

👩‍⚖️ Step 3: Seek Legal Advice

• Contact an experienced employment attorney like Swartz Swidler to review your case, identify legal violations, and guide you through your options.

“Think you were wrongfully terminated? Contact Swartz Swidler for a free case evaluation today.”

 

What Legal Remedies Are Available?

If your firing was illegal, you may be entitled to legal remedies, including:

💼 Potential Outcomes:

1. Reinstatement: Getting your job back (though rare in some cases).
2. Back Pay: Compensation for lost wages from the date of termination.
3. Front Pay: Compensation for future lost wages if reinstatement isn’t possible.
4. Emotional Distress Damages: Compensation for mental anguish caused by the wrongful termination.
5. Punitive Damages: In cases of extreme employer misconduct.
6. Legal Fees: Reimbursement for attorney’s fees and court costs.

 

 

 

Frequently Asked Questions About Termination After a Positive Review

• ❓ Can my employer fire me for no reason after giving me a positive review?

  • Yes, under at-will employment laws. However, if the firing is linked to discrimination, retaliation, or another illegal reason, it could be unlawful.
• ❓
  

  What if my termination happened right after I filed a complaint?

  • This could indicate retaliation, which is illegal under NJ law. Seek legal advice immediately.

• ❓ Do I need a written contract to claim wrongful termination?

  • No. Even without a contract, you can sue if your firing violates anti-discrimination, retaliation, or public policy laws.

• ❓ How long do I have to file a wrongful termination lawsuit in NJ?

  • Typically 180 days for discrimination claims under NJLAD, but timelines vary. It’s crucial to act quickly.

 

 

Conclusion: Trust Your Instincts—If Something Feels Wrong, It Might Be

Getting fired after a positive performance review doesn’t just feel wrong—it might be wrong. While NJ is an at-will employment state, your employer cannot legally terminate you for discriminatory or retaliatory reasons.

 

📞 Contact Swartz Swidler Today

If you suspect your firing was unlawful, don’t wait. Our experienced employment law attorneys can help you fight for justice. Schedule a free consultation today to protect your rights and secure the compensation you deserve.