Losing your job or facing punishment at work can be devastating. But not every firing or disciplinary action is legal. In New Jersey, employees often ask: Was I retaliated against, or was I wrongfully terminated?
The difference matters — because it affects the type of claim you can bring and the remedies you may be entitled to. At Swartz Swidler, we help workers across New Jersey understand their rights and fight back against unlawful employer actions.
What Is Workplace Retaliation?
Retaliation happens when an employer punishes an employee for engaging in a legally protected activity, such as:
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Reporting discrimination or harassment
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Filing a wage or overtime complaint
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Requesting family or medical leave under the FMLA or NJFLA
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Blowing the whistle on illegal activity under CEPA
Retaliation can take many forms, including:
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Demotion or pay cuts
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Exclusion from projects or meetings
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Negative performance reviews shortly after complaints
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Harassment or hostility from management
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Wrongful termination itself
According to the EEOC, retaliation is the most common workplace claim filed by employees nationwide.
What Is Wrongful Termination?
New Jersey is generally an at-will employment state, meaning employers can fire employees for almost any reason — or no reason at all. However, there are important exceptions.
Wrongful termination occurs when an employer fires someone for an unlawful reason, such as:
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Discrimination based on race, gender, age, disability, religion, or other protected categories under the NJLAD
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Retaliation for reporting misconduct (wrongful termination can overlap with retaliation)
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Firing in violation of public policy (for example, because you refused to break the law)
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Breach of an employment contract or company policy
Key Differences Between Retaliation and Wrongful Termination
While retaliation and wrongful termination often overlap, they aren’t the same thing:
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Retaliation can happen without being fired (e.g., demotion, pay cut, harassment).
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Wrongful termination involves an unlawful firing — whether due to discrimination, retaliation, or other violations of law.
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Sometimes, termination itself is the retaliatory act. In those cases, your claim may involve both retaliation and wrongful termination.
New Jersey Laws Protecting Employees
Employees in New Jersey are protected by a strong set of laws, including:
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CEPA (Conscientious Employee Protection Act): Protects whistleblowers who report or refuse to engage in unlawful activity.
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NJLAD (New Jersey Law Against Discrimination): Prohibits discrimination and retaliation based on protected characteristics.
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NJFLA (New Jersey Family Leave Act): Prohibits retaliation against workers who take family leave.
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Federal laws such as Title VII, the ADA, and the FMLA also apply to NJ employees.
Signs You May Be Experiencing Retaliation or Wrongful Termination
Possible retaliation:
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Sudden negative reviews after filing a complaint
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Reassignment to undesirable shifts
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Being excluded from meetings or career opportunities
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Hostile treatment from supervisors
Possible wrongful termination:
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Fired after requesting accommodations for a disability
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Terminated after reporting harassment or discrimination
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Dismissed for taking protected medical or family leave
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Fired in violation of a contract or handbook policy
What To Do If You Suspect Retaliation or Wrongful Termination
If you believe your employer acted illegally:
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Document everything — keep a timeline of events and communications.
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Save evidence — performance reviews, HR complaints, emails, and texts.
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File an internal complaint if it’s safe to do so.
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Contact an employment attorney quickly — deadlines for filing retaliation and wrongful termination claims can be short.
How an NJ Employment Attorney Can Help You
An experienced attorney can:
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Investigate whether your case involves retaliation, wrongful termination, or both
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File complaints with the EEOC or the NJ Division on Civil Rights
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Pursue reinstatement, back pay, emotional distress damages, and punitive damages if available
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Guide you through litigation or negotiate a fair settlement
Why Choose Swartz Swidler for NJ Retaliation and Wrongful Termination Cases
At Swartz Swidler, we focus exclusively on employment law. Our attorneys have decades of experience handling both retaliation and wrongful termination claims across New Jersey.
Here’s why workers choose us:
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Local expertise: We know NJ employment laws like CEPA, NJLAD, and NJFLA inside and out.
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Proven success: Track record of favorable outcomes for employees.
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Client-first representation: We fight aggressively for your rights while treating your case with compassion.
FAQs About Retaliation and Wrongful Termination in NJ
Can retaliation happen without being fired?
Yes. Retaliation can include demotion, exclusion, or hostility, not just termination.
What counts as wrongful termination in an at-will state like NJ?
You cannot be fired for discriminatory reasons, in retaliation for reporting misconduct, or in violation of contracts or public policy.
What damages can I recover in a claim?
Potential remedies include reinstatement, lost wages, emotional distress damages, attorney’s fees, and sometimes punitive damages.
Take Action Today — Protect Your Rights in NJ
If you’re unsure whether you’ve experienced retaliation, wrongful termination, or both, don’t wait. The sooner you act, the stronger your case will be.
Contact Swartz Swidler today for a free, confidential consultation. We’ll help you understand your rights and take action against your employer if they broke the law.
📞 Call now or fill out our online form to speak with an NJ employment attorney.
