Fired Without Cause in New Jersey? Here’s What You Can Do

Introduction: “We’re Letting You Go.”

Few words can shake your world quite like those. Whether it came out of nowhere or followed a tense period at work, being fired without cause in New Jersey can feel like a gut punch—especially when you have bills to pay, a family to support, and no clear explanation of what just happened.

Here’s the thing: while New Jersey is an “at-will” employment state, that doesn’t mean your employer can fire you for just any reason—and it certainly doesn’t mean you’re powerless.

In this guide, we’ll explain exactly what it means to be fired without cause in New Jersey, outline your legal rights, and give you actionable steps you can take today. If you’re questioning whether your termination was fair—or legal—you’re in the right place.

What Does “Fired Without Cause” Mean in New Jersey?

At-Will Employment: What It Actually Means

New Jersey follows the legal doctrine of at-will employment, which means an employer can terminate an employee at any time, for any reason—or no reason at all—as long as that reason isn’t illegal.

But here’s where many people get confused: being fired without cause doesn’t always mean your employer didn’t break the law. The key lies in why you were fired and whether any protected rights were violated.

Quick Definitions:

• Fired without cause: You were terminated without being given a specific reason, or for reasons unrelated to misconduct or performance.
• Wrongful termination: Your firing was illegal due to discrimination, retaliation, or violation of employment agreements.

Exceptions to At-Will Employment in NJ

Even in an at-will state like New Jersey, there are several critical exceptions where firing someone without cause becomes illegal. If any of the following situations apply to you, you may have grounds for a wrongful termination claim.

Discrimination

Were you let go shortly after revealing your pregnancy, your age, or your disability? That could be discrimination.

Under the New Jersey Law Against Discrimination (NJLAD) and federal laws like Title VII of the Civil Rights Act, it is illegal to fire someone based on:

• Race or ethnicity
• Gender or sexual orientation
• Religion
• Age (40+)
• Disability or pregnancy
• National origin

Retaliation

If you were fired after reporting harassment, unsafe working conditions, or discrimination, that’s retaliation—and it’s illegal.

➡️ Example: A warehouse employee files a safety complaint with OSHA and is fired the next week. That’s textbook retaliation.

Family and Medical Leave

Employees are protected under FMLA and NJ’s Family Leave Act. If you were terminated during or shortly after taking protected leave, legal protections may apply.

Contractual Employment

Even in an at-will state, if you have:

• A written employment contract
• A union agreement
• Or even a verbal promise of job security

…your firing without cause may violate that agreement.

Signs You May Have Been Wrongfully Terminated

Wondering if your firing crossed a legal line? Watch for these red flags:

• You were the only one let go after reporting unethical behavior
• Your replacement doesn’t share your protected status (e.g., gender, race, age)
• You received stellar performance reviews—until you took medical leave
• You were terminated shortly after filing a complaint or lawsuit
• HR won’t provide a clear reason for your firing

 

What to Do Immediately After You’re Fired

If you suspect your firing was unjust—or even if you’re just unsure—taking the right steps early can make or break your case.

1. Stay Calm—but Act Quickly

Don’t lash out or badmouth your employer. Keep communication professional and focus on protecting yourself legally.

2. Request Documentation

Ask for a termination letter and your personnel file. This may include:

• Disciplinary records
• Performance reviews
• HR notes

3. Don’t Sign Anything Without Legal Review

Severance agreements may include waivers that limit your legal options. Have a lawyer review any documents before signing.

4. Document Everything

Write down:

• When and how you were fired
• Any suspicious or retaliatory behavior beforehand
• Names of witnesses

5. Apply for Unemployment

In most cases, you can receive unemployment benefits even if fired without cause.

 

Legal Options If You Suspect Wrongful Termination

Filing a Complaint

You may be able to file with:

• The New Jersey Division on Civil Rights (DCR)
• The Equal Employment Opportunity Commission (EEOC)

These agencies investigate claims of discrimination and retaliation. If they find merit in your complaint, they may offer mediation or issue a “right to sue” letter.

Taking Legal Action

Depending on your situation, you may be entitled to:

• Reinstatement of your job
• Back pay and benefits
• Emotional distress damages
• Punitive damages (in severe cases)
• Legal fees

How Swartz Swidler Can Help

At Swartz Swidler, we specialize in employment law—it’s all we do. We’ve helped thousands of New Jersey workers fight wrongful terminations, negotiate better severance packages, and hold employers accountable.

“We often hear, ‘I didn’t even know I could fight back.’ That’s why we’re here—to give workers a voice and level the playing field.”
— Richard Swartz, Esq., Founding Partner

Common Questions About Termination Without Cause

Can I Get Unemployment Benefits?

Yes—unless you were fired for misconduct, you’re likely eligible.

What If I Was Still on Probation?

Even probationary employees are protected against illegal firings like discrimination or retaliation.

How Long Do I Have to File a Claim?

• NJLAD: 2 years from the date of termination
• DCR filing: 180 days
• EEOC: 300 days

Do I Need a Lawyer to File a Claim?

You can file on your own, but having an experienced employment lawyer increases your chances of success and often leads to better outcomes.

 

Additional Legal Resources for NJ Employees

• NJ Division on Civil Rights
• EEOC – How to File a Charge
• NJ Department of Labor – Unemployment Benefits
• Swartz Swidler – Wrongful Termination

 

Conclusion: Don’t Settle for Unfair Treatment

Getting fired without cause in New Jersey doesn’t mean you’re out of options. If your employer violated your rights, you may be entitled to compensation, reinstatement, or justice.

At Swartz Swidler, we’ll listen to your story, explain your rights, and fight for what you deserve—with no upfront costs. You only pay if we win.

📞 Call us now at (856) 685-7420 or schedule a free consultation to get started.

Your future is worth fighting for—and we’re here to help.

 

Don’t Leave Your Rights Behind

If you’ve just been fired—especially without cause—every step you take next matters. Our Post-Firing Checklist is a quick, easy-to-follow guide designed to protect your legal options and financial future.

Inside, you’ll learn:

• What documents to request

• What not to sign without legal review

• How to preserve evidence for potential legal claims

• When and how to apply for unemployment

Knowledge is power—especially when your livelihood is on the line.
📥 [Download the Post-Firing Checklist PDF] and take your first step toward clarity and control.