If you were wrongfully terminated right before the New Year, you’re not alone. In fact, December layoffs and sudden firings often spike because budgets reset, schedules change, and employers make quick decisions that can cross legal lines. Still, you have options. When you move fast and document the right details, you can protect your income, strengthen your position, and pursue a claim under New Jersey law.
This guide walks you through practical, easy-to-follow steps to take right now. It also explains when a termination may be illegal, what evidence matters most, and how an experienced employment law attorney can help you avoid common traps.
What Does “Wrongfully Terminated” Mean In New Jersey?
Wrongful termination usually means an employer fired you for an illegal reason or in an illegal way. New Jersey is an at-will employment state, which means many employers can terminate employment for lawful reasons. However, employers still cannot fire you for reasons that violate state or federal law, a contract, or public policy.
Common situations that may support a wrongful termination claim include:
- Discrimination based on protected traits (such as race, sex, religion, national origin, disability, age, pregnancy, or other protected characteristics)
- Retaliation for reporting harassment, discrimination, wage issues, unsafe conditions, or other misconduct
- Whistleblowing after you object to or report illegal or unethical workplace activity
- Taking protected leave, including certain medical or family-related leave
- Refusing to do something illegal your employer demanded
- Breach of contract or firing that violates a written agreement, offer letter terms, or policy commitments
Because legal details matter, treat every comment from your employer as evidence you can document, not just a frustrating memory.
Step 1: Get The Termination Details In Writing (Without Starting A War)
First, ask for a written explanation. Keep it calm and simple. For example, you can write: Please confirm my termination date and the reason for separation for my records.
Even if HR refuses to elaborate, the way they respond can still help your case. Also, a written reason can stop the employer from changing their story later.
If you already received termination paperwork, save:
- The termination letter
- Any severance documents
- Emails confirming last day, final paycheck, and benefits
- Any performance write-ups (even unfair ones)
Step 2: Start A Timeline File Tonight
Next, build a timeline while details are fresh. Use a notes app or a document and include:
- Dates of key events (complaints, accommodations requested, leave requested, HR reports)
- Names and titles of who said what
- Any witnesses who were present
- What changed right before the firing (schedule, pay, duties, treatment, write-ups)
Then, back it up. Use a personal device and a personal email, not your work systems.
Step 3: Preserve Evidence The Right Way
You can strengthen your claim quickly by preserving what’s already available to you. Save copies of:
- Performance reviews and awards
- Positive emails or messages from supervisors or clients
- Your schedule and time records
- Pay stubs, commission statements, bonus plans
- The employee handbook and policies
- Any complaint emails you sent to HR or management
However, do not take confidential client files or proprietary company data. Instead, focus on documents you legitimately have access to and that relate to your own employment.
Step 4: Don’t Sign A Severance Agreement Until You Understand It
Severance can help, yet it often comes with serious legal tradeoffs. In recent years, guidance from the National Labor Relations Board has put a brighter spotlight on severance terms that go too far, especially broad non-disparagement and confidentiality provisions that can restrict a worker’s ability to speak about workplace issues.
That is why you should read a severance agreement with extra caution if it includes terms like these
- Waivers of legal claims
- Non-disparagement clauses
- Confidentiality requirements
- Limits on what you can say to future employers
- Tight deadlines to sign
If an agreement includes broad, blanket non-disparagement or confidentiality language, treat that as a red flag. In many situations, employers can no longer rely on sweeping restrictions like they used to, and overly broad provisions may be challenged.
So, even if money feels urgent, slow down long enough to get legal advice. A short review can help you spot problematic terms and avoid signing away rights you did not realize you still had.
Step 5: File For Unemployment, But Be Careful With Wording
After a job loss, many people need unemployment right away. You can apply, but choose your words carefully.
For example:
- If you say I quit when you were forced out, it can complicate benefits.
- If you say I was fired for misconduct without context, it can trigger a denial.
- If the employer claims misconduct, your documentation becomes critical.
As a result, it helps to speak with counsel early, especially if you expect the employer to fight unemployment.
Step 6: Watch For Red Flags That Point To An Illegal Motive
Some terminations look clean on paper, yet the timing tells a different story. These warning signs often appear in wrongful termination cases:
- You got fired shortly after reporting harassment or discrimination
- You requested a medical accommodation or leave, then suddenly got written up
- Your employer replaced you quickly with someone outside your protected group
- The employer claimed performance issues after years of positive reviews
- You were singled out in layoffs while similar employees kept their jobs
- HR previously documented your complaint, then the company retaliated
If any of this sounds familiar, your case may involve both wrongful termination and retaliation.
Step 7: Reduce Financial Stress Without Hurting Your Claim
When your income stops in December, the pressure hits fast. Still, avoid choices that employers and insurers often twist later.
Instead:
- Keep job-search records (applications, interviews, outreach)
- Track lost income and expenses related to job loss
- Request copies of your personnel file if available
- Confirm COBRA or benefits continuation details
- Avoid venting on social media about the employer
Also, if a former co-worker offers inside info, document it. Yet don’t ask anyone to violate workplace rules. Stay steady, and keep your credibility intact.
Step 8: Understand Your Potential Claims In New Jersey Employment Law
Depending on the facts, a wrongful termination case in New Jersey may involve:
- Discrimination claims under New Jersey protections
- Retaliation claims for protected complaints or activity
- Whistleblower protections for reporting wrongdoing
- Wage and hour violations if pay issues played a role
- Contract-related claims when an agreement got violated
Even if you only feel sure about one part, an attorney can spot overlapping claims that strengthen your leverage.
FAQs About Wrongful Termination In New Jersey
How do I know if I was wrongfully terminated or just laid off?
A layoff can still be wrongful if the employer selected you for an illegal reason, such as discrimination or retaliation. The decision process matters.
What if my employer says it was performance, but that’s not true?
Performance reasons often serve as cover when timing looks suspicious. That’s why reviews, emails, and a clear timeline matter.
Should I talk to HR or my manager after the firing?
You can ask for documents and clarity, but avoid emotional debates. Keep communication short, professional, and in writing.
Can I still have a claim if I received severance?
Possibly. However, the severance agreement may include waivers. You should review it before signing.
Talk To A New Jersey Employment Lawyer About Wrongful Termination
If you believe you were wrongfully terminated before the New Year, you don’t have to guess what your employer can and cannot do. Attorneys Hartman, Chartered helps New Jersey employees understand their options, preserve key evidence, and take strategic action when a job loss involves discrimination, retaliation, or other unlawful conduct.
To discuss next steps, contact Attorneys Hartman, Chartered at 856-393-6073for a confidential consultation. The sooner you act, the more options you typically have. Our firm represents clients throughout Burlington County, including Moorestown, Marlton, and Medford.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.