Frequently asked questions
Frequently asked questions
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1. New Jersey is an "at-will" employment state. Can I still sue for wrongful termination?
1. New Jersey is an "at-will" employment state. Can I still sue for wrongful termination?
Answer: Yes. While "at-will" means an employer can generally fire an employee for a good reason or no reason at all, they cannot fire you for an illegal reason. If your termination was motivated by discrimination (based on race, gender, age, disability, sexual orientation, etc.) or was a direct retaliation for you complaining about illegal practices, your termination is unlawful under the New Jersey Law Against Discrimination (NJLAD) or federal law.
2. What is the Conscientious Employee Protection Act (CEPA), and am I protected if I blow the whistle?
2. What is the Conscientious Employee Protection Act (CEPA), and am I protected if I blow the whistle?
Answer: CEPA is known as New Jersey’s "Whistleblower Act," and it is one of the most powerful worker-protection laws in the United States. It strictly prohibits employers from retaliating against an employee who discloses, objects to, or refuses to participate in an activity, policy, or practice that the employee reasonably believes is illegal, fraudulent, or a violation of public policy regarding public health or safety. If you blew the whistle and suffered a "demotion, suspension, or termination," you have strong legal grounds to take action.
3. What actually qualifies as a "hostile work environment" under New Jersey law?
3. What actually qualifies as a "hostile work environment" under New Jersey law?
Answer: In everyday language, people use "hostile" to mean a mean boss or an unpleasant workplace. Legally, however, a hostile work environment requires that the workplace behavior is severe or pervasive enough that a reasonable person would find the environment intimidating, hostile, or offensive. Furthermore, that hostility must be directly tied to a protected category under the New Jersey Law Against Discrimination (NJLAD), such as your sex, race, religion, or age.
4. How long do I have to file an employment lawsuit in New Jersey?
4. How long do I have to file an employment lawsuit in New Jersey?
Answer: Time is your absolute enemy in employment law. In New Jersey, the statute of limitations for filing a lawsuit under the NJLAD or CEPA is generally two (2) years from the date of the discriminatory act or termination. However, if your claim involves federal administrative agencies (like the EEOC), your deadline to file a charge can be as short as 180 or 300 days. Because digital evidence and corporate records can quickly disappear, you should consult an attorney immediately.
5. How much does it cost to hire an employment lawyer? How do contingency fees work?
5. How much does it cost to hire an employment lawyer? How do contingency fees work?
Answer: We understand that facing a job loss or workplace crisis puts an immense financial strain on you. That is why we handle most qualifying employment and civil rights cases on a contingency fee basis. This means you pay zero out-of-pocket attorney fees unless we successfully recover money for you via a settlement or a jury verdict. Additionally, New Jersey laws like the NJLAD and CEPA contain "fee-shifting" provisions, meaning that if we win your case at trial, the court can order your former employer to pay our attorney's fees directly.
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