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Four Myths About Wrongful Termination Claims in New Jersey


Did you or a loved one recently lose a job in New Jersey? If so, you may be considering bringing a legal claim against your employer. There are a lot of misconceptions about how wrongful termination cases actually work. At Poulos LoPiccolo PC, we have extensive experience handling wrongful termination lawsuits. In this article, our Monmouth County wrongful termination attorney dispel five of the most common myths about wrongful termination claims in New Jersey.

  1. An Unfair Firing is Always an Illegal Firing

Not true. This is a common misconception. However, New Jersey operates under “at-will” employment laws. The National Conference of State Legislatures (NCSL) explains that at-will employment means that employers can fire employees for any reason or no reason at all—as long as the reason is not unlawful. Illegal reasons include discrimination, retaliation, or breaches of contract. Unfortunately, the law does not guarantee fair treatment to workers. An unfair firing is not always an illegal firing.  

  1. You Cannot Bring a Lawsuit for Wrongful Termination If You Quit 

False. There is a type of wrongful termination claim that is known as a constructive dismissal claim or constructive discharge claim. Broadly speaking, constructive dismissal occurs when an employee’s working conditions become so intolerable due to illegal treatment that resignation is the only option. In these cases, quitting can be legally akin to being fired. In other words, a worker who quit because they were exposed to intolerable (and unlawful) conditions in their workplace can still pursue a wrongful termination lawsuit.

  1. It is Impossible to Get Your Job Back Through a Wrongful Termination Lawsuit 

Not true. Many believe that monetary compensation is the only outcome of these lawsuits. While that is certainly the most common—and often the most desired remedy—it is not the only option available. Indeed, reinstatement to your former position is a potential remedy in a wrongful termination claim in New Jersey. While not always the desired or practical outcome, it is certainly possible and can be pursued as part of your claim. 

  1. It is Very Difficult to Prove Wrongful Termination, So It Not Worth Trying 

False. While proving wrongful termination can sometimes prove to be challenging, it is not impossible—far from it. With the help of an experienced New Jersey wrongful termination lawyer, employees can navigate the complexities of the claims process. Among other things, your attorney can gather necessary evidence—from emails to witness statements—in order to build a strong case. Do not forgo your right to bring a claim. You need a top-tier New Jersey wrongful termination attorney on your side.

Contact Our New Jersey Wrongful Termination Attorney for a Confidential Case Review

At Poulos LoPiccolo PC, our New Jersey wrongful termination lawyers are compassionate and experienced advocates for employees. Were you fired in violation of state or federal law, we are here to protect your rights and your interests. Contact us today for a completely confidential consultation. We handle wrongful termination cases all across New Jersey.

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