What is wrongful termination in New Jersey?

New Jersey provides the most expansive employment protections of any state through a combination of broad statutes and plaintiff-friendly common law.

1. Pierce Public Policy Exception

Pierce v. Ortho Pharmaceutical Corp., 84 N.J. 58 (1980), recognized a wrongful discharge tort when termination violates a clear mandate of public policy from any source — statute, regulation, professional code of ethics, or judicial decision. NJ Supreme Court has interpreted this broadly.

2. NJLAD — N.J.S.A. 10:5-12

Among the broadest anti-discrimination statutes in the country. Prohibits discrimination based on race, creed, color, national origin, ancestry, age, marital/civil union/domestic partnership status, familial status, sex, pregnancy/breastfeeding, gender identity/expression, sexual orientation, atypical hereditary cellular blood trait, genetic information, liability for service in the armed forces, disability, nationality. Applies to all employers (no minimum size). 2-year SOL for civil action — no agency exhaustion required (since Aldrich v. Manpower Temporary Services, 277 N.J. Super. 500 (1994)).

Damages: uncapped compensatory and punitive damages, attorney's fees, and the unique benefit of double back pay for retaliation in some cases.

3. CEPA — N.J.S.A. 34:19-3 (Conscientious Employee Protection Act)

The most powerful whistleblower statute in the United States. Prohibits retaliation against employees who:

Disclose to a supervisor or public body activity the employee reasonably believes is in violation of law;

Refuse to participate in an activity reasonably believed to violate law or public policy;

Provide testimony to any public body.

CEPA's waiver provision (§ 8) means filing a CEPA claim waives related common-law claims — choose carefully. 1-year SOL. Damages include compensatory, punitive (capped at greater of $350,000 or 5x compensatory), reinstatement, attorney's fees, and a civil fine to the state up to $20,000.

4. Workers' Comp Retaliation — N.J.S.A. 34:15-39.1

Prohibits retaliation; allows reinstatement and lost wages.

5. Family Leave Act (NJFLA) — N.J.S.A. 34:11B-1

Provides additional 12 weeks of unpaid family leave. Applies to employers with 30+.

6. Earned Sick Leave Law — N.J.S.A. 34:11D-1

All NJ employers must provide paid sick leave.

7. WARN Act — N.J.S.A. 34:21-2 (Millville Dallas Airmotive)

NJ WARN requires 90-day notice and mandatory severance of 1 week per year of service (effective April 2023). Stricter than federal WARN.

8. Statute of Limitations

Pierce tort: 2 years.

NJLAD: 2 years (civil action).

CEPA: 1 year.

This is legal information, not legal advice.